CHAPTER Env-Wq 500 STATE WATER POLLUTION CONTROL REVOLVING LOAN
FUND
Statutory Authority:
RSA 486:14, I
Revision Note #1:
Document
#8883, effective 5-8-07, readopted with amendments and redesignated former
Parts Env-C 501-509, State Water Pollution Control Revolving Loan Fund, as Env-Wq 500 pursuant to a rules reorganization plan for
Department rules approved by the Director of the Office of Legislative Services
on
9-7-05.
The
prior filings for former Env-C 501-509 included the following documents:
#4609, eff 5-15-89
#5642, eff 6-23-93
#6302, INTERIM, eff 8-14-96, EXPIRED 12-12-96
#6461, eff 2-21-97
#6998, eff 5-20-99
#7390, eff 10-28-00
REVISION NOTE #2:
Document
#9394, effective 3-1-09, was the next filing affecting the rules in Env-Wq 500. Document
#9394 was an interim rule that readopted with amendments selected existing
rules in Env-Wq 500.
Document #9394 also adopted two new definitions, Env-Wq
502.13 “Financial assistance agreement” and Env-Wq
502.29 “Recipient”. Document #9394 therefore
also renumbered selected rules in Env-Wq 502,
including rules that were not readopted with amendments. Those existing rules which were renumbered
but not filed in Document #9394 retained the 5-8-07 effective date from
Document #8883.
Document
#9531, effective 8-26-09, subsequently readopted or readopted with amendments
the rules in Env-Wq 500 which had been filed in
Document #9394, thereby affirming the renumbering of the rules under Document
#9394.
REVISION NOTE #3:
The
next filing was Document # 10984, effective 12-1-15, which adopted, readopted,
and readopted with amendments the rules in Chapter Env-Wq
500, and extensively re-organized and renumbered Parts Env-Wq
501-510 as Env-Wq 501-511. Document #10984 replaces all prior filings
for the rules in Env-Wq 500.
PART Env-Wq 501 PURPOSE AND APPLICABILITY
Env-Wq 501.01 Purpose. The purpose of this chapter is to implement
RSA 486:14, I, and 40 CFR Part 35, Subparts I and K, by establishing:
(a) The procedures and criteria applicable to eligible
entities that apply for financial assistance from the state water pollution
control revolving fund (CWSRF) authorized by RSA 486:14, I;
(b) The requirements for completing projects for
which financial assistance from the CWSRF is received; and
(c) The process for establishing repayment
requirements for the financial assistance received.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff 12-1-15; ss by #13511,
eff 12-20-22
Env-Wq 501.02 Applicability. The rules in this chapter shall apply to any
eligible entity that applies for financial assistance from the CWSRF.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff 12-1-15; ss by #13511,
eff 12-20-22
PART Env-Wq 502 DEFINITIONS
Env-Wq 502.01
“Administrative costs” means expenses associated with managing CWSRF
projects. Such costs include but are not
limited to costs for engineering and other consultants, environmental and
technical reviews of proposed projects, participation in state overview
inspections, and accounting and disbursement functions.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff 12-1-15; ss by #13511,
eff 12-20-22
Env-Wq 502.02 “Allonge” means an amendment to initial loan
documents in which the final project cost and repayment terms are established.
Source. #13511, eff 12-20-22
Env-Wq 502.03 “Applicant” means the person who files a pre-application
or an application, or both, for financial assistance from the CWSRF.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff
12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq
502.02)
Env-Wq 502.04
“Application” means the written document(s), with attachments, through
which financial assistance is requested.
The term includes the pre-application and the final application.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff
12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq
502.03)
Env-Wq 502.05 “Asset
maintenance and renewal plan” means a plan developed and implemented by the
applicant to maintain and eventually replace infrastructure funded in whole or
in part by the CWSRF.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff
12-1-15 ss by #13511, eff 12-20-22 (formerly Env-Wq 502.04)
Env-Wq 502.06 “Asset management program” means a systematic
process of financing, inventorying, assessing, operating, maintaining,
upgrading, and replacing infrastructure cost-effectively while maintaining a
sustainable level of service.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff
12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq
502.05)
Env-Wq
502.07 “Authorized representative” means
an individual authorized by the applicant to sign documents associated with
applying for and receiving funds from the CWSRF.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff
12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq
502.06)
Env-Wq
502.08 “Capitalization grant” means funds made
available to the state by the federal government for use in the CWSRF program in accordance with:
(a) Title VI of the federal CWA, 33 U.S.C.
§§1381-1387; or
(b) Any other federal initiative.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff
12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq
502.07)
Env-Wq 502.09 “Clean
Water Act (CWA)” means the federal Clean Water Act, 33 U.S.C. Chapter 26, Water
Pollution Prevention and Control, §§1251 -
1387.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff
12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq
502.08)
Env-Wq 502.10 “Collector
sewer” means a lateral sewer installed primarily to collect wastewater directly
from individual building sewers or private property.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff
12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq
502.09)
Env-Wq 502.11 “Combined sewer” means a sewer that serves as
both a sanitary sewer and a storm sewer.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff
12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq
502.10)
Env-Wq 502.12 “Consulting engineer” means the licensed
professional engineer engaged by a recipient to provide engineering services.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff
12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq
502.11)
Env-Wq 502.13 “Department” means the department of
environmental services.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff
12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq
502.12)
Env-Wq
502.14 “Disbursement” means a transfer
of funds from the CWSRF to a recipient.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff
12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq
502.13)
Env-Wq 502.15 “Eligible entity” means a governmental entity
or a person other than a governmental entity that is authorized by 33 U.S.C.
§§1381-1387 to apply for financial assistance from the CWSRF.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff
12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq
502.14)
Env-Wq 502.16 “Engineering
services” means consultations, investigations, reports, or other services for
the design and construction of projects for which RSA 310-A requires a licensed
professional engineer.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff
12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq
502.15)
Env-Wq 502.17 “Eligible
costs” means project costs that are eligible for funding from the CWSRF as
specified in Env-Wq 504.03.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff
12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq
502.16)
Env-Wq 502.18 “Environmental review” means an analysis of
the potential impact of a proposed project on the human and natural
environment.
Source.
(See Revision Notes #1-#3 at chapter
heading for Env-Wq 500) #10984, eff
12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq
502.17)
Env-Wq 502.19 “Excusable
delay” means a delay that is beyond the recipient’s control in beginning or
completing the planning, design, or construction of a pollution abatement project
such as, but not limited to, a delay caused by an act of nature or war.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff
12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq
502.18)
Env-Wq 502.20 “Final project cost” means the dollar amount
of eligible project expenditures plus any outstanding interest on the loan
accrued during project planning, design, or construction.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff
12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq
502.19)
Env-Wq
502.21 “Financial assistance” means
funds provided from the CWSRF to pay in whole or in part for an infrastructure
project, whether as a loan, grant, or any other form of assistance.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff
12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq
502.20)
Env-Wq 502.22 “Financial
assistance agreement” means the contract between the state and a recipient that
establishes the rights and obligations of the state and the recipient relative
to financial assistance from the CWSRF. The
term includes original loan agreements, supplemental loan agreements, initial
loan documents, and allonges.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff 12-1-15;
ss by #13511, eff 12-20-22 (formerly Env-Wq 502.21)
Env-Wq 502.23 “Governing body” means the group of individuals
that has the authority and responsibility to authorize the applicant to enter into contracts and expend funds.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff
12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq
502.22)
Env-Wq 502.24
“Governmental entity” means a city, town, district, association, county,
or other public body created under state law, having jurisdiction over stormwater
management or disposal of sewage, industrial waste, or other wastes.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff
12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq
502.23)
Env-Wq 502.25 “Green project” means an infrastructure
project that:
(a) Uses
natural systems in place of or to supplement existing infrastructure to protect
water resources; or
(b) Incorporates
water or energy efficiency improvements or other environmentally-protective
measures as defined by federal capitalization grants.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff
12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq
502.24)
Env-Wq 502.26 “Industrial waste” means “industrial waste” as
defined in RSA 485-A:2, VI, as reprinted in Appendix B.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff
12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq
502.25)
Env-Wq 502.27 “Initial loan documents” means the initial
financial assistance agreement between the state and a non-governmental
recipient through which the state agrees to provide funds from the CWSRF to the
recipient and the recipient promises to use the funds as specified in its
application and to repay the funds to the CWSRF.
Source. #13511, eff 12-20-22
Env-Wq 502.28
“Infiltration/Inflow (I/I)” means water other than wastewater that
enters a sewer system.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff
12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq
502.26)
Env-Wq 502.29 “Infrastructure” means all structures and all
mechanical and electrical equipment that contain and/or convey wastewater from
the point of generation to the point of discharge after treatment, and the land
necessary for such structures and equipment, whether for wastewater treatment,
nonpoint source pollution control, watershed management, or estuary management.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff
12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq
502.27)
Env-Wq 502.30
“Infrastructure project” means a project intended to construct, expand,
or rehabilitate infrastructure for wastewater collection/ treatment, nonpoint
source pollution control, watershed management, or estuary management,
including the requisite planning, land acquisition, design, and
construction. The term includes a green
project.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff
12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq
502.28)
Env-Wq 502.31
“Initiation of operation” means the date on which the project that was
funded in whole or in part using funds from the CWSRF is placed into use for
the purposes for which it was planned, designed, and constructed.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff
12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq 502.29)
Env-Wq 502.32 “Intended use
plan (IUP)” means a document prepared by the department in accordance with 40
CFR §35.3150.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff
12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq
502.30)
Env-Wq
502.33 “Interceptor sewer” means a sewer
designed to collect wastewater from collector sewers and transport it to a
wastewater treatment plant.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff
12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq
502.31)
Env-Wq 502.34 “Loan
recipient” means an applicant that receives a loan from the CWSRF.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff
12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq
502.32)
Env-Wq 502.35 “Nonpoint
source (NPS) pollution” means pollution caused by sources that are not
regulated as point sources, such as pollution caused by runoff from agricultural,
silvicultural, and urban areas.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff
12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq
502.34)
Env-Wq 502.36 “Other
wastes” means “other wastes” as defined in RSA 485-A:2, VIII, as reprinted in
Appendix B.
Source. (See Revision Notes #1-#3 at chapter heading for
Env-Wq 500) #10984, eff
12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq
502.35)
Env-Wq 502.37 “Original
loan agreement” means the initial contract between the state and a loan
recipient through which the department agrees to provide funds from the CWSRF
to the loan recipient and the loan recipient promises to repay the loan to the
CWSRF.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff
12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq
502.36)
Env-Wq 502.38 “Person”
means “person” as defined in RSA 485-A:2, IX, as reprinted in Appendix B.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff
12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq
502.37)
Env-Wq 502.39 “Planning”
means all necessary reports and studies to determine the cost
effective alternatives and feasibility of a pollution abatement project.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff
12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq
502.38)
Env-Wq 502.40 “Pledge”
means the act or process through which a recipient commits, obligates, and
encumbers its real or personal property or its existing or anticipated revenues
to the state as security and means for repayment of the financial assistance
received by the recipient from the CWSRF.
Source. #13511, eff 12-20-22
Env-Wq 502.41 “Pollution
abatement project” means a project, including the planning, design, or construction
of any or all aspects of the project, necessary to prevent, minimize, or abate
water pollution caused by point or nonpoint sources.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff
12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq 502.39)
Env-Wq 502.42 “Priority
list” means a list of projects expected to receive assistance under the CWSRF
program.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff
12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq
502.40)
Env-Wq 502.43 “Priority
system” means the criteria for ranking projects on the priority list.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff
12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq
502.41)
Env-Wq 502.44 “Project
completion” means the date of substantial completion of a pollution abatement project or the scheduled completion date in
the financial assistance agreement.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff
12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq
502.42)
Env-Wq 502.45
“Recipient” means an applicant that receives financial assistance from
the CWSRF. The term includes loan
recipients.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff
12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq
502.43)
Env-Wq 502.46
“Repayment” means the payment by a recipient of principal or interest, or
both, on funds received by a recipient, which must be credited directly to the
CWSRF.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff
12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq 502.44)
Env-Wq 502.47 “Resident
project representative” means an individual who:
(a) Is qualified by reason of education and
experience to inspect infrastructure projects; and
(b) Reports to a licensed professional engineer
if necessary based on the project and type of work to
be done.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff
12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq
502.45)
Env-Wq
502.48 “Responsible bidder” means an
entity that:
(a) Has the technical knowledge necessary to perform the contract;
(b) Has adequate financial resources to perform the contract;
(c) Is able to comply with the legal or regulatory requirements
associated with the contract;
(d) Is able to deliver according to the contract schedule;
(e) Has either a history of satisfactory
performance or no history of unsatisfactory performance;
(f) Has good reputation regarding integrity; and
(g) Has or can obtain necessary data, equipment,
and facilities to perform the contract.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff
12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq
502.46)
Env-Wq 502.49 “Scheduled completion date” means the date
stated in the original loan agreement or initial loan documents on which the
project that received CWSRF funds is intended to be placed into use for the
purposes for which it was intended.
Source.
#13511, eff 12-20-22
Env-Wq 502.50 “Security”
means a recipient’s real or personal property or other collateral that is
pledged by the recipient to ensure repayment to the department.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff
12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq
502.47)
Env-Wq 502.51 “Septage”
means “septage” as defined in RSA 485-A:2, IX-a, as reprinted in Appendix B.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff
12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq
502.48)
Env-Wq 502.52 “Septic
system” means an on-site wastewater disposal system as regulated by RSA
485-A:29-44 and Env-Wq 1000.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff
12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq
502.49)
Env-Wq 502.53 “Sewage”
means “sewage” as defined in RSA 485-A:2, X, as reprinted in Appendix B.
Source.
(See Revision Notes #1-#3 at chapter
heading for Env-Wq 500) #10984, eff
12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq
502.50)
Env-Wq
502.54 “Sludge” means “sludge” as
defined in RSA 485-A:2, XI-a, as reprinted in Appendix B.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff
12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq 502.51)
Env-Wq 502.55 “State”
means the state of New Hampshire.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff
12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq
502.52)
Env-Wq 502.56 “State
match” means funds equaling 20 percent of the capitalization grant, which the
CWA requires the state to deposit into the CWSRF.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff
12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq
502.53)
Env-Wq 502.57 “State revolving fund (SRF) attorney” means
the attorney(s) under contract to the department for the purpose of providing:
(a) Legal
review of initial loan documents and allonges; and
(b) Other
legal services associated with providing financial assistance to
non-governmental entities.
Source. #13511, eff 12-20-22
Env-Wq 502.58 “State
revolving fund (SRF) financial advisor” means the individual or entity under
contract to the department for the purpose of assessing the financial risk of
providing financial assistance to non-governmental entities.
Source. #13511, eff 12-20-22
Env-Wq 502.59 “Substantial
completion” means the date certified, based on a report of the resident project
representative, that the construction of the project or a specified part
thereof is sufficiently completed, in accordance with the contract documents,
so that the project or specified part can be used for the purposes for which it
is intended.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff
12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq
502.54)
Env-Wq 502.60 “Supplemental agreement” means an amendment
to a financial assistance agreement executed between the state and a recipient
which stipulates the final project cost and the applicable repayment terms.
Source.
(See Revision Notes #1-#3 at chapter heading for Env-Wq
500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq
502.55)
Env-Wq
502.61 “Unique Entity Identifier (UEI)”
means the non-proprietary identifier used across the federal government.
Source. #13511,
eff 12-20-22
Env-Wq
502.62 “Wastewater” means the spent
water of a community. The term includes
water carrying domestic, commercial, and industrial wastes as well as other
wastes.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff
12-1-15; ss by #13511, eff 12-20-22 (formerly
Env-Wq 502.56)
Env-Wq
502.63 “Wastewater facilities” means “wastewater
facilities” as defined in RSA 485-A:2, XIX, as reprinted in Appendix B.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff
12-1-15; ss by #13511, eff 12-20-22 (formerly
Env-Wq 502.57)
Env-Wq 502.64 “Wastewater treatment plant” means “wastewater
treatment plant” as defined in RSA 485-A:2, XVI-a, as reprinted in Appendix B.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff
12-1-15; ss by #13511, eff 12-20-22 (formerly
Env-Wq 502.58)
PART Env-Wq 503 ESTABLISHMENT OF CWSRF
Env-Wq 503.01 Authority for Loan Fund. RSA 486:14, I(a) authorizes
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff 12-1-15; ss by #13511,
eff 12-20-22
Env-Wq 503.02 Deposits
to CWSRF. Pursuant to RSA 486:14,
the state shall deposit in the CWSRF the following:
(a) Capitalization grants as appropriated by the
United States Congress;
(b) The state match as appropriated by the
general court, deposited to the CWSRF on a schedule coinciding with the payment
of federal funds into the CWSRF;
(c) Repayments of principal and interest by loan
recipients;
(d) Investment earnings credited to the assets
of the CWSRF, which shall become part of the total assets of the CWSRF; and
(e) Any other funds as may be appropriated or available.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff 12-1-15; ss by #13511,
eff 12-20-22
Env-Wq 503.03 Public
Records. All records of the
department relating to the financial assistance program covered by the rules of
this chapter shall be public records available for public inspection by any
interested person as provided in RSA 91-A.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff 12-1-15; ss by #13511,
eff 12-20-22
PART Env-Wq 504 USE OF CWSRF; ELIGIBLE PROJECTS AND COSTS
Env-Wq 504.01 Availability
of Financial Assistance from the CWSRF.
The CWSRF shall be used to provide financial assistance as authorized by
a specific capitalization grant to eligible entities for the planning, design,
construction, and refinancing of pollution abatement projects, whether covered
under §211, §212, §319, or §320 of the CWA or a specific capitalization grant,
including but not limited to the projects listed in Env-Wq
504.02 and Env-Wq 504.04.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff 12-1-15;
ss by #13511, eff 12-20-22
Env-Wq 504.02 Eligible
Pollution Abatement Projects. The
construction, expansion, or upgrading of any of the following shall be eligible
for funding from the CWSRF:
(a) Wastewater facilities, including:
(1) Wastewater treatment plants;
(2) Interceptor sewers;
(3) Collector sewers in accordance with §211 of
the CWA, provided that loans for construction of collector sewers shall be
considered only in areas of documented pollution problems, including but not
limited to surface or groundwater contamination, public health threats, or
nuisance conditions, that are the result of failed septic systems or direct
wastewater discharges;
(4) Wastewater pumping stations;
(5) I/I correction;
(6) Sewer rehabilitation;
(7) Treatment or abatement of combined sewer overflows;
(8) Septage disposal and treatment facilities; and
(9) Septic systems, as allowed by 40
CFR 35.2034;
(b) Stormwater management projects, including:
(1) Storm sewers when construction results in
elimination of a combined sewer overflow structure and does not result in a new
point source discharge; and
(2) Other stormwater management measures
implemented as specified in Env-Wq 1508;
(c) The capping and closure of unlined landfills;
(d) Best management practices that address
nonpoint source (NPS) pollution;
(e) Eligible §319 and §320 projects as listed in
Env-Wq 504.04; and
(f) Any
appurtenant facilities directly related to (a) through (e), above.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff 12-1-15; ss by #13511,
eff 12-20-22
Env-Wq 504.03 Eligible
Costs for Pollution Abatement Projects. The following shall be eligible costs:
(a) All costs directly related to the
construction, expansion, or upgrading of an eligible project as listed in Env-Wq 504.02 or Env-Wq 504.04;
(b) All costs directly related to the planning
and design of an eligible project as listed in Env-Wq
504.02 or Env-Wq 504.04, including the following:
(1) Design fees, including fees for pre-closure
investigations for landfill capping and closure;
(2) Costs of hydrological investigations,
subsurface investigations, and soil borings, including costs of pre-closure
hydrogeological investigations;
(3) Environmental or archaeological consultants fees where required;
(4) Property boundary survey and engineering
survey costs; and
(5) Recipient administrative costs to obtain
approval of the design of the pollution abatement projects that are attributable to additional administrative duties
outside of normal duty hours;
(c) Purchase of necessary land used for
wastewater or NPS pollution control infrastructure or for ultimate disposal of
residues resulting from wastewater treatment, such as spray irrigation or land
application of sludge;
(d) Construction administration, including but not
limited to resident project representatives, operations and maintenance manual
preparation, and preparation of record drawings;
(e) Loan recipient administrative costs directly
related to the pollution abatement project that are attributable to additional
administrative duties outside of normal duty hours; and
(f) Interest accrued on disbursements.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff 12-1-15; ss by #13511,
eff 12-20-22
Env-Wq 504.04 Additional
Eligible Projects. Pollution
abatement projects under §319 or §320 of the CWA that are eligible for CWSRF
funding shall include the following:
(a) Preparation and implementation of estuary
conservation and management plans;
(b) Restoration projects for the following
estuarine habitats or living resources:
(1) Salt marshes;
(2) Eelgrass and other submerged aquatic vegetation;
(3) Riparian buffers;
(4) Diadromous fish; and
(5) Shellfish;
(c) Projects to restore hydraulic connectivity,
such as culvert resizing and replacement and dam removal or repair; and
(d) Elimination of illicit discharges to storm
sewers, including but not limited to:
(1) Illicit Discharge Detection and Elimination
(IDDE) assessments; and
(2) Correction of illicit discharges.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff 12-1-15; ss by #13511,
eff 12-20-22
PART Env-Wq 505 ESTABLISHING PRIORITY FOR FUNDING
Env-Wq 505.01 Preliminary
Project Priority List.
(a) The department shall prepare a preliminary
list of projects that are eligible to receive financial assistance from the
CWSRF based on the pre-applications submitted and accepted as described in Env-Wq 505.03 through Env-Wq 505.09.
(b) If available funds are sufficient to fund
all projects for which pre-applications are accepted, the preliminary list
shall contain the information specified in (d), below, for all projects for
which pre-applications have been accepted.
(c) If available funds are not sufficient to
fund all projects for which pre-applications are accepted, the preliminary
project priority list shall contain:
(1) A fundable portion, consisting of those
eligible projects to which available funds have been assigned; and
(2) A contingency portion, consisting of those
eligible projects that will receive financial assistance if funds become
available.
(d) The preliminary project priority list shall
contain the following information for each project on the list:
(1) The name of the applicant;
(2) The name and location of the applicant’s project;
(3) A brief description of the project;
(4) Project priority, if applicable; and
(5) The amount
of financial assistance requested.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff 12-1-15; ss by #13511,
eff 12-20-22
Env-Wq 505.02 Prioritization
of Proposed Projects.
(a) If available funds are not sufficient to
fund all projects for which pre-applications are accepted or if otherwise
required by a specific capitalization grant, the department shall:
(1) Develop a priority system as part of the
applicable Intended Use Plan (IUP) that is based on the following objectives:
a. Achieving
compliance with the CWA and any applicable requirements in 40 CFR Part 35;
b. Achieving
the most cost-effective reduction or elimination of pollutant discharges;
c. Furthering
public health protection;
d. Maintaining
affordability for users of the infrastructure, if applicable; and
e. Achieving
compliance with any applicable requirements of the specific capitalization
grant from which the funds are loaned;
(2) Rank the pre-applications according to the
priority system; and
(3) Allocate the available funds starting with
the highest priority and proceeding down the list until all available funds have
been allocated.
(b) If a priority system is developed, the
department shall:
(1) List the projects on that priority list in
order of priority; and
(2) If 2 or more projects on the same list have
equal ranking under the priority system, assign the higher ranking to the
project that would provide the greatest environmental benefit.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff 12-1-15; ss by #13511,
eff 12-20-22
Env-Wq 505.03 Pre-Application
Procedures.
(a) If requested by an entity that wants to
apply for CWSRF funding, the department shall meet with the entity’s
representative(s) to provide information, advice, instruction, guidance, and
other information to help the entity determine the scope of work needed to
describe an eligible project and complete the application process.
(b) Any entity that wants to borrow money from
the CWSRF shall submit a pre-application as described in Env-Wq 505.04 to:
NHDES Clean Water SRF Program
29 Hazen Drive
P.O. Box 95
Concord,
(c) Upon receipt of a pre-application, the
department shall review the pre-application to determine whether the
pre-application is complete, meaning all information required by Env-Wq 505.05 through Env-Wq 505.08
has been provided and the pre-application has been signed and dated as required
by Env-Wq 505.04.
(d) If the pre-application is not complete, the
department shall notify the applicant in writing within 30 days of what is
needed to complete the pre-application.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff 12-1-15; ss by #13511,
eff 12-20-22
Env-Wq
505.04 Submission of Pre-Applications.
(a) The applicant shall provide the information
required by Env-Wq 505.05 through Env-Wq 505.08 to the department on a “CWSRF Pre-Application
Form”, NHDES-W-09-002, available at https://onlineforms.nh.gov/?formtag=NHDES-W-09-002.
(b) The applicant shall sign and date the
pre-application as follows:
(1) If the applicant uses a paper-based
pre-application form, the applicant’s authorized representative shall sign and
date the form and print his or her name and title in the location indicated on
the form; and
(2) If the applicant uses the web-based
pre-application form, submitting the form shall constitute the signature and
the date the submission is received by the department shall constitute the date
of the pre-application.
(c) Submission of the form, whether
electronically or on paper, shall constitute certification by the applicant
that:
(1) The information provided is true, complete,
and not misleading to the best of the applicant’s knowledge and belief;
(2) The applicant understands that any
department determination that the applicant and the applicant’s project qualify
for funding from the CWSRF that is based on false, incomplete, or misleading
information is subject to modification, up to and including reversal, through
an adjudicative proceeding conducted in accordance with applicable provisions
of Env-C 200; and
(3) The signer is subject to the penalties specified
in
(d) If the applicant’s authorized representative
is or is acting on behalf of a listed engineer as defined in Env-C 502.10, the
signature also shall constitute certification that the signer understands that
the submittal of false, incomplete, or misleading information is grounds for
debarring the listed engineer from the roster.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff 12-1-15; ss by #13511,
eff 12-20-22
Env-Wq 505.05 Information Required for Pre-Applications:
Identification of Applicant, Project.
Each applicant shall provide the following information to identify the
applicant and the project for which funding is being requested:
(a) The applicant’s name and mailing address;
(b) The name, title, email address, and daytime
telephone number of the individual who can answer questions on behalf of the
applicant regarding the project;
(c) A short title for the project, the proposed
project’s location, and a brief description of the project;
(d) The name of each surface water that would be
affected by the project, and for each, whether the surface water is impaired
and if so, whether the proposed project addresses the impairment;
(e) Whether the project is a wastewater project,
a stormwater and/or NPS project, or a wastewater project with stormwater and/or
NPS components and whether the project includes planning, design, asset management
program, or construction or some combination thereof;
(f) The date the applicant received governing
body approval to borrow funds for the project or the date the applicant
anticipates receiving such approval, as applicable;
(g) The amount of loan requested;
(h) The intended use of the funds, for example
to evaluate feasible alternatives, to prepare design plans, or for construction,
or some combination thereof; and
(i) A concise
explanation of the need for the proposed project, including:
(1) How it will meet the criteria listed in Env-Wq 505.02(a)(1)a. through e.; and
(2) Whether the project would address a federal or
state administrative order or consent decree, a surface water quality impairment,
a chronic NPDES compliance issue, surface water quality in unimpaired waters,
an NPDES MS4 compliance issue, chronic flooding that causes water quality to
degrade, or a recommendation in the state Nonpoint Source Plan, a
watershed-based plan that meets Clean Water Act Section 319 guidelines, or the
2010 Piscataqua Region Comprehensive Conservation and Management Plan; and
(j) If the applicant uses a paper-based
pre-application form, the name and title of the individual authorized by the
applicant to sign the pre-application form on behalf of the applicant.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff
12-20-22
Env-Wq 505.06 Information
Required for Pre-Applications for Planning.
Each applicant for funding for a planning project or a project that has
a separate planning component shall provide the following information:
(a) An estimate of the costs attributable to
planning and the rationale for the estimate;
(b) The anticipated date that the planning
contract will be awarded and completed;
(c) Any other information specifically required
by the capitalization grant being disbursed;
(d) Any additional information the applicant
believes would be helpful to the department’s assessment of how the proposed
project meets the criteria in Env-Wq 505.02; and
(e) As much information required by Env-Wq
505.07 and Env-Wq 505.08 as is available.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff 12-1-15; ss by #13511,
eff 12-20-22
Env-Wq 505.07 Information
Required for Pre-Applications for Design.
Each applicant for funding for a design project or a project that has a
separate design component shall provide the following information:
(a) An estimate of the costs attributable to
design and the rationale for the estimate;
(b) The anticipated date that the design
contract will be awarded and completed; and
(c) Any other information specifically required
by the capitalization grant being disbursed;
(d) Any additional information the applicant
believes would be helpful to the department’s assessment of how the proposed
project meets the criteria in Env-Wq 505.02; and
(ce) As
much information required by Env-Wq 505.08 as is
available.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff 12-1-15; ss by #13511,
eff 12-20-22
Env-Wq 505.08 Information
Required for Pre-Applications for Construction. Each applicant for funding for a construction
project or a project that has a separate construction component shall provide
the following information:
(a) An estimate of construction costs including
costs of planning and design unless itemized separately, a construction
contingency, and construction administration costs, plus the amount and a
description of any other costs, where applicable;
(b) The anticipated dates that the construction
contract will be awarded and construction will be
completed;
(c) If the cost estimates are based on a
facility plan or preliminary design report signed by a professional engineer,
professional geologist, or other licensed professional, identification of the
document by name and date and identification of the licensed professional by
name and license type and number;
(d) If the cost estimates are not based on a
facility plan or preliminary design report signed by a licensed professional,
the rationale for the cost estimates;
(e) For traditional wastewater projects:
(1) Estimates of the current and projected
resident and non-resident populations served, where non-resident populations
comprise tourists and transient, seasonal, and commuter workers;
(2) The percentage of total estimated costs
allocated to water efficiency, energy efficiency, green projects, or other environmentally-innovative design;
(3) Information to demonstrate the
sustainability of the proposed project, as follows:
a. Average
monthly facility flow as a percentage of design capacity;
b. The pollutant(s) and loading(s), as a percentage of
design capacity, that exceed, on an average monthly basis, 80% design loading capacity;
c. Whether the project will reduce flow or loadings,
or increase design capacity of the WWTF, and if so, how;
d. Whether the project will implement a climate change
adaptation or mitigation strategy, and if so, how;
e. Whether the project will address excessive
infiltration and inflow as defined in 40 CFR 35.2005 (16);
f. Whether the project will implement recommendations
of an existing asset management program, and if so, identification of the
specific section of the program and what percentage of the facility’s operation
and maintenance budget is set aside for a repair and replacement reserve
account; and
g. Whether the project will accommodate reuse or
recycling of stormwater, wastewater, or treatment products;
(4) Whether an energy audit has been completed
or is planned and, if so, the date or anticipated date and whether the project
will address any of the audit findings and if so, how, and a copy of the audit;
(5) A calculation of the total annual sewer user
fee for a typical residence, based on water use of 67,400 gallons water per
year, or 185 gallons per day; and
(6) Any other information specifically required
by the capitalization grant being disbursed; and
(f) For stormwater and NPS projects:
(1) If the project addresses an MS4 compliance
issue, a description of the requirement being addressed;
(2) If the project addresses chronic flooding, a
description of the water quality problem caused by the flooding;
(3) If the project implements a recommendation
in the NH Nonpoint Source Management Plan, a watershed-based plan, or the 2010
Piscataqua Region Comprehensive Conservation and Management Plan,
identification of the specific plan by document name and recommendation being implemented,
including the section number, if any, and page number;
(4) Whether the project will address one or more
of the following:
a.
Disconnection of impervious cover from a stormwater drainage system and,
if so, an estimate of the area of impervious cover to be disconnected in square
feet;
b. Protection
or restoration of natural hydrology, floodplains, and wetlands and, if so, a
description of how the project protects or restores natural hydrology,
floodplains, or wetlands;
c. Improved
stream connectivity with respect to aquatic life and, if so, a description of
the barriers to be removed and an estimate of the number of miles of stream to
be reconnected; or
d. Smart growth
as defined in RSA 9-B:3 and, if so, a description of how the proposed project
addresses water quality goals through smart growth;
(5) Any other information specifically required
by the capitalization grant being disbursed; and
(6) Any additional information the applicant
believes would be helpful to the department’s assessment of how the proposed
project meets the criteria in Env-Wq 505.02.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff 12-1-15; ss by #13511,
eff 12-20-22
Env-Wq 505.09 Department Action on Pre-Application.
(a) The department shall determine that the
applicant’s project is eligible for financial assistance from the CWSRF if:
(1) The pre-application is complete;
(2) The applicant is an eligible entity; and
(3) The proposed project is within the scope of
projects identified in Env-Wq 504.
(b) The department shall notify the applicant in
writing of its eligibility determination within 30 days of determining that a
pre-application is complete.
(c) If the department determines that the
applicant’s project is eligible, the department shall place the project on the
preliminary project priority list prepared pursuant to Env-Wq
505.01.
(d) If the department determines that the applicant’s
project is not eligible, the department shall state the reason(s) for the
determination in the notice sent pursuant to (b), above.
(e) In response to being notified that a project
is not eligible, the applicant may modify or supplement any information and
submit a new pre-application to the department.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff
12-20-22
Env-Wq
505.10 Intended Use Plan (IUP).
(a) For each federal fiscal year, the department
shall prepare an IUP that complies with 40 CFR §35.3150 and any applicable
guidance issued by the U.S. Environmental Protection Agency (EPA), specifically
including the preliminary project priority list prepared pursuant to Env-Wq 505.01.
(b) The IUP shall include an explanation of how
interest rates will be established for funds provided under the proposed IUP,
including whether the interest rate will be subject to adjustment in response
to market conditions.
(c) The preliminary IUP shall be subject to
public comments and review as specified in Env-Wq
505.11 before being finalized and submitted to EPA.
(d) If the department determines that an amendment
to the IUP is necessary, the department shall publish a notice of the changes
on its website at least 7 days in advance of implementing the changes.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff 12-1-15; ss by #13511,
eff 12-20-22
Env-Wq
505.11 Annual Hearing.
(a) The department shall hold a non-adjudicative
public hearing annually to present the preliminary IUP. Except as modified by this section, the
hearing shall be conducted in accordance with the provisions of Env-C 200 that
apply to non-adjudicative proceedings and oral public hearings.
(b) The department shall publish a notice of the
hearing in a newspaper of general circulation and on its web site at least 7
days prior to the date of the hearing.
(c) The department also shall provide written
notice of the hearing at least 7 days in advance of the hearing to those
applicants whose projects are on the list to be presented and to any person who
has submitted a written request for such notice.
(d) The department shall send the notice
required by (c), above, by email to each applicant and any person who has
provided an email address and by first class mail to any applicant or person
who has not provided an email address.
(e) As a supplement to the procedures specified
in Env-C 205.07, any person desiring priority to speak at the hearing shall
submit a copy of the testimony to be presented to the department no later than 2
days prior to the scheduled date of the hearing. All persons who wish to testify at the
hearing who have submitted written testimony at least 2 days prior to the
hearing shall be given priority to speak at the hearing. If sufficient time exists after all persons
who submitted testimony have spoken, the individual presiding at the hearing shall
allow other persons to testify.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff 12-1-15; ss by #13511,
eff 12-20-22
Env-Wq 505.12 Management
of Project Priority List.
(a) Following the hearing required by Env-Wq 505.11, the department shall:
(1) Prepare a current project priority list using
the same process as described in Env-Wq 505.02 for
the preliminary project priority list; and
(2) Notify each applicant having a project on
the list that a final application is required if the applicant wants to receive
the funds allocated for the project.
(b) The department shall substitute a project
from the contingency portion of the project priority list for a project on the
fundable portion of the list if an application is not received or if the
project will not be ready to proceed during the funding year. If a prioritization system was developed
pursuant to Env-Wq 505.02, substitutions shall be
based on the priority system.
(c) The department shall review the fundable
portion of the list whenever updates are necessary, such as revised estimated
construction assistance amounts and any project substitutions.
(d) If additional funds become available during
the time period covered by the IUP, the department
shall extend the fundable portion of the list to include as many of the
projects in the contingency section of the list that are ready to proceed as
can be funded.
(e) The department shall not fund a project on
the list if any of the following is true:
(1) The project is fully funded from other
sources, unless the applicant is requesting refinancing of previously-incurred
costs that are otherwise eligible costs;
(2) The project is found to be ineligible based
on information received by the department subsequent to
the placement of the project on the list; or
(3) The applicant informs the department in
writing that it does not intend to pursue financial assistance from the CWSRF.
Source. (See Revision Notes #1-#3 at chapter heading for
Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22
PART Env-Wq 506 PROCEDURES FOR RECEIPT OF CWSRF FUNDS
Env-Wq 506.01 Final
Application Procedures.
(a) An applicant whose project has been approved
for funding shall submit the information required by Env-Wq
506.03 and Env-Wq 506.04 and the documents required
by Env-Wq 506.05 in writing to the department, on or
with “CWSRF Loan Application Form”, NHDES-W-09-019, November 2022, available at
https://onlineforms.nh.gov/?FormTag=NHDES-W-09-019.
(b) If the pre-application was filed prior to
preparation of the priority list in the draft IUP, the applicant shall submit
the final application by the deadline specified in the IUP.
(c) If the need for funding was not known prior
to the priority list being prepared, an applicant may submit a pre-application
that meets the requirements of Env-Wq 505.03 through
Env-Wq 505.08 at the time the need for the funds is
discovered.
(d) For any pre-application filed pursuant to
(c), above, the department shall:
(1) Review the pre-application as described in
Env-Wq 505.09; and
(2) If the department determines that the
applicant is an eligible entity, the project is an eligible project, and funds
are available for the project, so notify the applicant and establish a deadline
for submission of a final application in consultation with the applicant.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff 12-1-15; ss by #13511,
eff 12-20-22
Env-Wq 506.02 Conditions
Arising from Final Application. By
submitting a final application for financial assistance, the applicant shall be
deemed to agree to the following:
(a) From the time of first application for
financial assistance for a project throughout all stages of construction and
implementation, and at any other time while any assistance from the CWSRF to
the applicant is outstanding, the applicant shall allow the department to
inspect:
(1) The project and any and all
incidental works, areas, facilities, and premises otherwise pertaining to the
project for which application is made; and
(2) Any and all books, accounts, records,
contracts or other instruments, documents or other information possessed by the
applicant or its contractors, agents, employees, or representatives which
relate in any respect to the receipt, deposit, or expenditure of financial
assistance funds; and
(b) After project completion, the recipient shall allow the
department to conduct periodic site visits.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff 12-1-15; ss by #13511,
eff 12-20-22
Env-Wq 506.03 Required
Information: Applicant and Project. The applicant shall provide the
following information to identify the applicant and describe the project:
(a) The applicant’s name and mailing address;
(b) Whether the applicant is a governmental or
non-governmental eligible entity;
(c) The name, title, daytime telephone number
including area code, and email address, if any, of a contact for administrative
matters, a contact for financial and contractual matters, and a contact for
technical and engineering matters;
(d) The name and title of the individual
authorized by the applicant to sign financial documents, which may be the same
individual as the authorized representative;
(e) A short title for the project;
(f) The project location and, if required by the
capitalization grant, the congressional district in which the project is located;
(g) A statement that the project description
provided pursuant to Env-Wq 505.05 through Env-Wq 505.08 has not changed or, if the information has
changed, updated information;
(h) As applicable, information on the population
served by the wastewater or stormwater infrastructure affected by the project
or the stormwater volume for the project and the receiving facility;
(i) For
construction projects funded under §212 of the CWA, a statement that the
applicant has an asset maintenance and renewal plan in place for funding the
maintenance and eventual replacement of the funded infrastructure, or, if there
is no such plan in place, a plan for developing such a plan as part of the
funded infrastructure project;
(j) The estimated project completion schedule,
including the estimated dates of opening bids, initiating the project,
substantial completion, and initiation of operation, if applicable; and
(k) Whether the project will benefit an estuary
of national significance designated by the National Estuary Program.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff 12-1-15; ss by #13511,
eff 12-20-22
Env-Wq 506.04 Required
Financial Information. The applicant
shall provide the following financial information:
(a) The amount of financial assistance and loan
term requested;
(b) The most current estimate of total project
cost, itemized as to major facilities and related expenses such as land and
easement costs, fees for engineering or other consulting services, fees for
financial services, and contingencies;
(c) For construction projects, the percentage of
total estimated costs allocated to water efficiency, energy efficiency, green
projects, or other environmentally-innovative design;
(d) If the total estimated cost of the project
exceeds the requested loan amount, the amount and anticipated source of each
additional source of funds for the project;
(e) A description of each source of loan
repayment funds;
(f) The applicant’s Unique Entity Identifier
(UEI);
(g) For an applicant that is not a governmental
entity, in the most recent completed fiscal year of the organization to which
the UEI belongs, a statement of whether the organization received the threshold
amount or more in U.S. federal contracts, subcontracts, loans, grants, subgrants,
or cooperative agreements, or any combination thereof as required for prime
recipient executive compensation reporting in accordance with Public Law 109-
282, the Federal Funding Accountability and Transparency Act of 2006 as amended;
and
(h) An estimated schedule of disbursements.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff 12-1-15; ss by #13511,
eff 12-20-22
Env-Wq 506.05 Required
Documentation. The applicant shall
provide the following documentation, as applicable to the proposed project:
(a) For projects that are subject to Env-Wq 700, a basis of design as specified in Env-Wq 707;
(b) For construction projects other than those
covered by (a), above, a report to facilitate review of the proposed project
and alternatives thereto from the viewpoints of function, operation, economics,
reliability, safety, efficiency, cost, and effectiveness, and environmental
compatibility, which includes the following:
(1) A concise explanation of the need for the proposed
project, including how it will meet the criteria listed in Env-Wq 505.02(a)(1)a. through e.;
(2) A cost-effectiveness analysis of the project
and all feasible alternatives capable of meeting state and federal
requirements, which details all monetary costs including the present worth or
equivalent annual value of all capital costs, operation, and maintenance; and
(3) All information necessary for the design of
the proposed project and alternatives;
(c) A certified and sealed copy of the resolution
adopted by the applicant’s governing body that authorizes the filing of the
application and identifies the name and title of each individual who has been
authorized to serve as the applicant’s authorized representative for purposes
of signing the application and related documents and all loan documents on
behalf of the applicant;
(d) A certified and sealed copy of the warrant
article or other authorization from the applicant’s governing body to raise,
appropriate, and spend the requested funds on the proposed project;
(e) A letter signed by an authorized
representative that states the application has been submitted to the office of
energy and planning for review through the New Hampshire intergovernmental review
process and provides the current status of that process;
(f) A letter signed by an authorized
representative certifying that the applicant has the financial capability and,
for entities other than governmental entities, adequate security to support on-going
operation and maintenance and loan repayment, if applicable;
(g) For governmental applicants, a letter signed
by an authorized representative stating whether or not the applicant has any
debt outside the NH Municipal Bond Bank and, if the debt is rated, the rating;
(h) For non-governmental applicants,
documentation of the extent of the applicant’s existing debt;
(i) A copy of the
applicant’s latest annual report or financial statements; and
(j) The “Environmental
Review CWSRF Loan Checklist and Template”, NHDES-W-09-018, August 2022,
available at https://onlineforms.nh.gov/?formtag=NHDES-W-09-018
for the
environmental review required under Env-Wq
508.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff 12-1-15; ss by #13511,
eff 12-20-22
Env-Wq
506.06 Signatures for Final
Applications.
(a) The applicant’s authorized representative
shall sign and date the “CWSRF Loan Application Form”, NHDES-W-09-019, November
2022, available at https://onlineforms.nh.gov/?FormTag=NHDES-W-09-019.
(b) Submission of the form shall
constitute certification by the applicant that:
(1) The information contained in or otherwise
submitted with the application is true, complete, and not misleading to the
best of the applicant’s knowledge and belief;
(2) The applicant understands that any
department determination that the applicant and the applicant’s project qualifies for funding from the CWSRF that is based on false,
incomplete, or misleading information is subject to modification, up to and
including reversal, through an adjudicative proceeding conducted in accordance
with applicable provisions of Env-C 200; and
(3) The signer is subject to the penalties
specified in
(c) If the applicant’s authorized representative
is or is acting on behalf of a listed engineer as defined in Env-C 502.10, the
signature shall also constitute certification that the signer understands that
the submittal of false, incomplete, or misleading information is grounds for
debarring the listed engineer from the roster.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff 12-1-15; ss by #13511,
eff 12-20-22
Env-Wq
506.07 Department Action on Final
Application.
(a) The department shall determine that the
application is complete and all or a portion of the proposed project is
eligible for financial assistance from the CWSRF if:
(1) All or a portion of the proposed project is
within the scope of eligible projects identified in Env-Wq
504;
(2) The applicant has submitted all information
and documents required by Env-Wq 506.03 through Env-Wq 506.05; and
(3) The applicant has signed the application as
required by Env-Wq 506.06.
(b) The department shall notify the applicant in
writing of its eligibility determination.
(c) If the department determines that the
applicant’s project is not eligible, the notice sent pursuant to (b), above,
shall specify the reason(s) for the determination and inform the applicant that
the department will reconsider the determination if the applicant submits
modified or supplemental information within 30 days of the date of the notice.
(d) If the applicant wants the department to
reconsider its determination that a project is ineligible, the applicant shall
submit modified or supplemental information within 30 days of the date of the
notice and request the department to reconsider its decision in
light of the new information.
(e) Upon receipt of a request to reconsider in light of new information, the department shall review the
information and make a decision in accordance with (a) through (c), above,
except that no further reconsideration shall be undertaken.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff 12-1-15; ss by #13511,
eff 12-20-22
PART Env-Wq 507 FINANCIAL ASSISTANCE; PAYMENTS; ACCOUNTING
Env-Wq
507.01 Original Financial Assistance
Agreement.
(a) Following acceptance of an application from
a governmental entity and upon determining that funds are available, the
department shall prepare an original loan agreement (OLA) that contains the
following provisions:
(1) The amount of funds being provided;
(2) The interest rate for the loan and the
length of the repayment term;
(3) A description of the project;
(4) Authorization for representatives of the
department and applicable federal agencies to examine any of the loan
recipient’s records that pertain to transactions relating to the loan
agreement, construction contracts, engineering contracts, or other consulting
contracts for the purpose of inspection, audit, and copying during normal
business hours;
(5) A requirement for the recipient to develop
and adhere to an asset maintenance and renewal plan for the funded
improvements, if applicable; and
(6) Any other provision(s) required by state or
federal law in order for the agreement to be valid.
(b) The department shall transmit the OLA to the
recipient for review and if the recipient agrees with the terms, the recipient
shall sign, date, and return the OLA to the department.
(c) Upon receipt of a signed OLA, the department
shall sign the OLA and submit the OLA to the governor and executive council
(G&C) for approval.
(d) If approved by the G&C, then:
(1) The OLA
shall be effective upon approval by the G&C; and
(2) The department
shall send a copy of the approved OLA to the recipient.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff
12-20-22
Env-Wq 507.02 Initial Loan Documents (ILDs) for Non-Governmental
Entities.
(a) Following
acceptance of an application from a non-governmental entity and upon determining
that funds are available, the department shall send the applicant’s financial
information to the SRF financial advisor for review.
(b) If
the department determines, based on the assessment provided by the SRF
financial advisor, that lending money to the applicant would not pose an
unreasonable risk of loss due to non-repayment of funds provided to the
applicant, the department shall prepare the initial loan documents (ILD) that
contain the following provisions:
(1) The loan amount;
(2) The interest rate for the loan;
(3) The length of the repayment term;
(4) A description of the project;
(5) Authorization for representatives of the
department and applicable federal agencies to examine any of the loan
recipient’s records that pertain to transactions relating to the loan
agreement, construction contracts, or engineering contracts for the purpose of
inspection, audit, and copying during normal business hours;
(6) A requirement for the recipient to develop
and adhere to an asset maintenance and renewal plan for the funded improvements;
(7) Security for the loan; and
(8) Any other provision(s) required by state or
federal law in order for the agreement to be valid.
(c) The
department shall send the drafted ILD to the SRF attorney and to the applicant
for review and comment.
(d) If
the applicant agrees to the terms of the ILD and the SRF attorney does not
identify issues that could cause the ILD to not be enforceable, the department
shall submit the unsigned ILD to the G&C for approval.
(e) If
the G&C approves the ILD, the department and the recipient shall schedule a
loan closing for a mutually-acceptable date and time.
(f) The
recipient shall bring the following documents to the closing:
(1) Proof of authority to enter into contracts in
New Hampshire, such as a certificate of good standing from the New Hampshire
secretary of state’s office that is valid on the date of the loan closing;
(2) If the recipient was formed under the laws of
a jurisdiction other than New Hampshire, a certificate of good standing from
the state of incorporation or other registration that is valid as of the date
of the loan closing; and
(3) Any additional documents identified by the
SRF attorney and identified in the loan closing agenda.
(g) After
the recipient signs the ILD, the department shall:
(1) Sign the ILD; and
(2) Provide a copy of the signed ILD to the
recipient, the SRF financial advisor, and the SRF attorney.
(h) The
ILD shall be effective upon signing by the recipient and the department.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff 12-1-15; ss by #13511,
eff 12-20-22
Env-Wq
507.03 Interest Rates Established.
(a) The interest rate charged on the outstanding balance of disbursed loan funds prior
to the date of substantial completion or the date of scheduled completion,
whichever is earliest, shall be equal to 1.0% annually.
(b) The interest rate
charged on the outstanding balance of disbursed loan funds after the date of
scheduled completion or substantial completion, whichever is earlier shall be
the rate based on the repayment period selected by the applicant and the interest
rate established in the applicable IUP (IUP rate) that is in effect at the time
the financial assistance agreement is transmitted to the loan recipient.
(c) Unless otherwise
specified in the applicable IUP, the interest rate based on the repayment
period selected by the applicant shall be as shown in (d), below, subject to
adjustment pursuant to Env-Wq 507.04, but in no case
lower than 2.0%.
(d) The interest rate based on the repayment
period selected by the applicant shall be as shown in table 507-1, below:
Table 507-1: Interest Rate
Based On Repayment Period Selected by Applicant
Repayment
Period Selected |
Interest
Rate |
5
years or fewer |
25%
of IUP rate |
Greater
than 5 years to 10 years |
50%
of IUP rate |
Greater
than 10 years to 15 years |
75%
of IUP rate |
Greater
than 15 years to 20 years |
80%
of IUP rate |
More
than 20 years, if available under the specific capitalization grant from
which the funds are loaned |
Calculated
as specified in the applicable IUP |
(d) If the interest rate determined pursuant to
(b) and (c), above, is higher than the interest rate charged by federal
agencies for water or wastewater infrastructure projects, the interest rate
shall be set at the lower of the following, but not less than 2.0%:
(1) The rate determined as specified in
accordance with criteria established by the specific capitalization grant from
which the funds are loaned; or
(2) The interest
rate charged by federal agencies for water or wastewater infrastructure
projects.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff 12-1-15; ss by #13511,
eff 12-20-22
Env-Wq 507.04 Accrual
of Interest Charges; Administrative Fee.
(a) Interest on any loan funds disbursed to a
loan recipient shall begin to accrue as of the date of each disbursement of
such funds by the state.
(b) The loan recipient shall pay interest charges
incurred on disbursed loan funds in accordance with one of the following, at
the election of the applicant:
(1) Semi-annually, prior to the commencement of
the loan repayment;
(2) Prior to the commencement of loan repayment;
(3) At the time of the first repayment; or
(4) By adding the charges to the outstanding
principal balance.
(c) Interest charges during loan repayment shall
be fixed over the loan repayment period.
(d) As required by RSA 486:14, I(b), the
department shall set aside as an administrative fee a sum equal to 2% of all loan
principal balances outstanding each year.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff 12-1-15; ss by #13511,
eff 12-20-22
Env-Wq
507.05 Adjustments to Stipulated
Interest Rate.
(a) If the applicable IUP provides that interest
rates are subject to adjustment, then prior to establishing the final repayment
schedule in the SLA or allonge, as applicable, the department shall compare the
IUP interest rate stipulated in the OLA or ILD, as applicable, with the rate at
the time the SLA or allonge is prepared and adjust the interest rate to be the
lower of:
(1) The
interest rate stipulated in the OLA or ILD; or
(2) The
interest rate at the time the SLA or allonge is prepared.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff 12-1-15; ss by #13511,
eff 12-20-22
Env-Wq 507.06 Timely
Use of Funds.
(a) A recipient shall submit a request for
disbursement within 6 months of the execution of the financial assistance
agreement.
(b) If the recipient fails to comply with (a),
above, the department shall request the recipient to show cause why the
financial assistance agreement should not be canceled.
(c) The department’s request shall:
(1) Be in writing;
(2) Specify a date by which the recipient must
respond to the request, which shall be 20 working days from the date of the
notice; and
(3) Inform the recipient that the recipient may
request an adjudicative hearing prior to the financial assistance agreement
being cancelled.
(d) If the recipient wishes to have an
adjudicative hearing, the recipient shall:
(1) Respond in writing to the request sent by
the department pursuant to (b), above; and
(2) Include a request for a hearing in the
response.
(e) If a hearing is requested and a settlement
is not reached, the hearing shall be conducted in accordance with the
provisions of Env-C 200 that apply to adjudicative proceedings.
(f) If the recipient shows that the delay in
expending the funds was based on an excusable delay, the department shall not
cancel the financial assistance agreement.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff 12-1-15; ss by #13511,
eff 12-20-22
Env-Wq 507.07 Disbursements.
(a) To obtain a disbursement for eligible work
and equipment from the awarded funds, the recipient shall submit a written
disbursement request to the department by mail, email, or fax.
(b) The written request shall include the
following, as applicable to the request:
(1) The completed, signed Request for
Disbursement form, NHDES-W-09-021, November 2022, available at https://onlineforms.nh.gov/?formtag=NHDES-W-09-021.
(2) A list of the invoices or payment
requisitions included with the request, by number and date, separated into the
appropriate classifications of funds;
(3) Invoices for equipment and materials delivered
and properly stored;
(4) Invoices for engineering or consulting services;
(5) Payment requisitions from the contractor(s);
and
(6) Invoices for eligible costs not covered
under (3) through (5), above.
(c) The department shall approve the request if
it determines that the costs covered by the request are eligible under Env-Wq 504.03 and the recipient’s financial assistance
agreement.
(d) Upon approval of the request, the department
shall authorize the disbursement to be made from the CWSRF.
(e) The recipient shall not make disbursement
requests more frequently than once per calendar month per loan.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff 12-1-15; ss by #13511,
eff 12-20-22
Env-Wq
507.08 Supplemental Agreement.
(a) Upon
completion of a project, the department shall:
(1) Prepare a supplemental loan agreement (SLA) to reflect
actual project expenditures and to establish:
a. The loan term selected by the recipient and
the corresponding interest rate; and
b. The loan repayment schedule based on the
final project cost; and
(2) Transmit the SLA to the recipient, who shall review and
sign the SLA.
(b) Upon
receipt of a signed SLA, the department shall sign the SLA and send a copy
thereof to the recipient.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff 12-1-15; ss by #13511,
eff 12-20-22
Env-Wq 507.09 Allonge.
(a) Upon completion of a project by a
non-governmental recipient, the department shall:
(1) Prepare an allonge to reflect actual project
expenditures and to establish:
a. The loan term selected by the recipient and
the corresponding interest rate; and
b. The loan repayment schedule based on the final
project cost; and
(2) Transmit the allonge to:
a. The SRF attorney for review; and
b. The recipient, who shall review and sign it.
(b) Upon receipt of a signed allonge, the
department shall sign the allonge and send a copy thereof to the recipient.
Source. #13511, eff 12-20-22
Env-Wq 507.10 Repayments.
(a) The loan recipient shall repay funds
received and interest accrued thereon to the state as stipulated in the
supplemental agreement or allonge, as applicable.
(b) Repayments shall:
(1 Not exceed the maximum repayment period established
in the SLA or allonge; and
(2) Begin by the earlier of one year following
the date of substantial completion of the project or one year following the
scheduled completion date established in the financial assistance agreement.
(c) Should excusable delay be incurred beyond
the scheduled completion date, the recipient shall request
modification of the financial assistance agreement to account for the delays.
(d) If the recipient so requests, the department
shall negotiate an appropriate modification of the financial assistance agreement.
(e) Any modification of the financial assistance
agreement shall be negotiated with and approved by the recipient and the state
prior to any formal modification of the financial assistance agreement.
(f) Loans may be repaid prior to the date
stipulated in the financial assistance agreement with no prepayment penalty.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff
12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq
507.09)
Env-Wq
507.11 Use of Funds; Return of Funds.
(a) The recipient shall use and expend financial
assistance provided from the CWSRF solely and exclusively for the payment of
authorized eligible costs of the project for which the financial assistance was
approved.
(b) If the recipient uses any funds provided
from the CWSRF for anything other than eligible costs on the specific project
for which such funds were furnished, the recipient shall return or otherwise
repay to the department all such funds.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff
12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq
507.10)
Env-Wq
507.12 Retainage on Construction
Contracts.
(a) The recipient shall withhold 10% of all
partial payments as retainage until 50% of the project is complete.
(b) After the project is 50% complete, no
additional retainage shall be withheld from any partial payments.
(c) Upon substantial or final completion of the
project, the recipient shall reduce the retainage to 2%. The final 2% retainage shall be held during the
one-year warranty period and released only after the recipient has accepted the
project.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff 12-1-15;
ss by #13511, eff 12-20-22 (formerly Env-Wq 507.11)
Env-Wq
507.13 Loan Amortization.
(a) Loan repayment shall be made according to a
fixed amortization schedule based on:
(1) The final project cost;
(2) The repayment period selected by the loan
recipient; and
(3) The interest rate established in the
supplemental agreement or allonge, as applicable.
(b) Loan amortization shall be made on a semi-annual or annual basis
with either level debt service, or level payments of principal plus interest
according to RSA 33:2, at the option of the loan recipient, over the repayment
period selected by the loan recipient.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff
12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq
507.12)
Env-Wq 507.14 Assurances. Prior to receipt of financial assistance, the
recipient shall provide evidence of the following, as applicable:
(a) Approved project plans and specifications;
(b) Agreement to develop a user charge system as
required by 40 CFR §35.2140 and sewer use ordinance as required by 40 CFR
§35.2130, RSA 485-A:5, and Env-Wq 305 prior to 80% of
construction completion;
(c) Compliance with best practicable waste
treatment technology;
(d) The sewer collection system is not subject
to excessive infiltration/inflow (I/I) as defined in 40 CFR 35.2005 (16), as
required by 40 CFR §35.2120;
(e) Innovative and alternative treatment technologies
were considered during design;
(f) Potential recreation and open space
opportunities were considered;
(g) Compliance with federal DBE requirements,
including bidding specifications, procurement efforts, and reporting accountabilities;
(h) Agreement to maintain project financial
accounts as separate accounts and in accordance with generally accepted
accounting principles (GAAP) as defined in 2 CFR Part 49;
(i) Agreement to
conduct a financial audit in accordance with applicable federal requirements,
such as 2 CFR Part 200 and OMB Circular A-133, for any fiscal year of the
recipient in which federal funds from any source of $750,000 or greater are
expended by the recipient or if otherwise required by the CWA or implementing regulations;
(j) A letter signed by an authorized
representative certifying that the loan recipient who will be implementing the
project has the necessary legal, financial, institutional, and managerial
resources available to insure the construction, operation, and maintenance of
the proposed project;
(k) For projects funded under §212 of the CWA,
either:
(1) Certification that the applicant has
developed and implemented an asset maintenance and renewal plan for the funded
asset that includes:
a. An inventory
of critical components of the funded asset(s);
b. An
evaluation of the condition and performance of inventoried assets or asset groupings;
c. A
certification that the recipient has evaluated and will be implementing water
and energy conservation efforts as part of the plan; and
d. A plan for
maintaining, repairing, and, as necessary, replacing the funded asset(s) and a
plan for funding such activities; or
(2) An agreement to develop and implement an
asset maintenance and renewal plan as described in (1), above;
(l) Agreement to provide notice of initiation
of operation to the department upon beginning operation of the project; and
(m) Completion of value engineering for projects
greater than $20 million in construction costs, provided that if the project is
subject to 33 U.S.C. § 1298(c), value engineering shall be completed for
projects costing greater than $10 million.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff
12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq
507.13)
PART Env-Wq 508 ENVIRONMENTAL REVIEW
Env-Wq 508.01 Environmental
Review Required. Any construction
project for which a loan from the CWSRF is provided shall be reviewed for
impacts on the human and natural environment in accordance with this part.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff 12-1-15; ss by #13511,
eff 12-20-22
Env-Wq
508.02 General Procedure.
(a) The department shall prepare an
environmental review report for the applicant’s proposed construction project
based on the information submitted by the applicant pursuant to Env-Wq 506.05(j).
(b) The environmental review shall result in one
of the following:
(1) A categorical exclusion (CE);
(2) A finding of no significant impact (FNSI);
or
(3) A requirement for the applicant to prepare
an environmental impact statement (EIS).
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff 12-1-15; ss by #13511,
eff 12-20-22
Env-Wq
508.03 Categorical Exclusion (CE)
Review.
(a) The department shall review the proposed
project to determine whether the project qualifies for a CE.
(b) A CE determination shall be made if the
project comprises only:
(1) Work on existing facilities where no new disruption
of the environment will occur, such as correction of infiltration and inflow,
replacement of equipment, or addition of small new structures on site; or
(2) Work where only a small disturbance is
required, such as for upgrades, and no increase or expansion is planned.
(c) If the department determines that the
project qualifies for a CE, the department shall:
(1) Prepare a review document describing the
basis for its determination; and
(2) Publish a notice on its website that
contains the following:
a. The name,
mailing address, and daytime telephone number of the individual representing
the applicant who can answer questions regarding the proposed project;
b. A link to an on-line copy of the CE determination
or the name and daytime telephone number of the individual to contact to obtain
a copy of the determination;
c. The name, mailing address, daytime telephone
number, and e-mail address of the individual at the department to whom comments
should be directed; and
d. The deadline for submitting comments, which shall
be no sooner than 10 days from the date on which the notice is published.
(d) If comments are received by the department
prior to the deadline specified in the notice that provide a reasonable basis
for revisiting the CE determination, the department shall prepare an EA in
accordance with Env-Wq 508.04.
(e) The department shall notify the applicant in
writing if a determination is made to prepare an EA.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff 12-1-15; ss by #13511,
eff 12-20-22
Env-Wq 508.04 Environmental
Assessment (EA).
(a) For projects that do not qualify for a CE,
the department shall prepare an EA in accordance with this section.
(b) The EA shall contain the following information:
(1) The purpose of and need for the proposed project;
(2) A list of all environmental concerns raised
by the proposed project;
(3) A list of alternatives to the proposed project,
including a no action alternative;
(4) Details of the recommended action, which
shall be the proposed project or an alternative
identified in the planning document prepared pursuant to Env-Wq 506.05(a) or (b), as applicable, that:
a. Is most likely
to ensure compliance with federal and state water quality requirements over the
projected life of the funded infrastructure; and
b. Best meets
the criteria specified in Env-Wq 505.02(a)(1); and
(5) Mitigation measures required for the
recommended action, if any.
(c) The department shall forward the EA to the
applicant to distribute for review and comment in accordance with Env-Wq 508.05.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff 12-1-15; ss by #13511,
eff 12-20-22
Env-Wq 508.05 Public
Notification and Review Period.
(a) Following the issuance of a draft EA, the
department shall send a copy of the draft EA to the applicant.
(b) The applicant shall publish a notice in a
daily newspaper of general circulation in the project’s community and on the
applicant’s web site, if any, that the draft EA is open for public comment.
(c) The notice published pursuant to (b), above,
shall specify:
(1) The name, mailing address, and daytime
telephone number of the individual representing the applicant who can answer
questions regarding the proposed project;
(2) The name and location of the public place
where the draft EA can be reviewed or the name and daytime telephone number of
the individual to contact to obtain a copy of the document and, if available, a
link to an on-line copy of the draft EA;
(3) The name, mailing address, daytime telephone
number, and e-mail address of the individual at the department to whom comments
should be directed; and
(4) The deadline for submitting comments, which
shall be no sooner than 30 days from the last date on which the notice is
published.
(d) No formal action shall be taken during the public
review period.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff 12-1-15; ss by #13511,
eff 12-20-22
Env-Wq 508.06 Department
Decision.
(a) At the close of the review and comment
period for an EA, the department shall make a determination
in accordance with the following:
(1) If no comments are received that establish a
reasonable basis for concluding that the project might have a significant
adverse impact on the environment, the department shall issue a FNSI as the
final action; or
(2) If comments are received that establish a
reasonable basis for concluding that the project might have a significant
adverse impact on the environment, the department shall direct the applicant to
convene a public information meeting in accordance with applicable
requirements, including RSA 91-A for governmental entities.
(b) Within 60 days of the public information
meeting conducted pursuant to (a)(2), above, the department shall assess the
comments and issue a written decision containing one of the following
determinations:
(1) The department shall issue a FNSI if the
department finds either that:
a. The comments
received do not indicate that the proposed project will actually have a
significant adverse impact on the environment;
b. The benefit
to public health or the environment conferred by the project as proposed
outweighs any significant adverse impact on the environment caused by the project
as proposed; or
c. Any
significant adverse impact on the environment caused by the project as proposed
has been or will be addressed through another permit issued by the department,
the Army Corps of Engineers, or EPA;
(2) If the department finds that the project is
likely to have a significant adverse impact on the environment that could be
lessened or eliminated by implementing an alternative proposal, the department
shall order the applicant to re-review the proposed project to identify an alternative
with less environmental impact;
(3) If the department finds that the project
will have a significant adverse impact on the environment that could be
lessened or eliminated by modifying the project as proposed to incorporate
mitigating procedures, the department shall require mitigating procedures to be
implemented as a condition of receiving financial assistance from the CWSRF; or
(4) If the department finds that the project
will have a significant adverse impact on the environment that cannot be lessened
or eliminated by implementing an alternative proposal or by incorporating
mitigating procedures, the department shall:
a. Direct the
applicant to initiate an EIS in accordance with the National Environmental
Policy Act (NEPA), 42 U.S.C. §§4321 - 4370f., and EPA procedures; and
b. Require the
applicant to use a private consultant if the department finds that the
applicant does not possess the requisite technical resources to prepare the EIS
without the aid of a private consultant.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff 12-1-15; ss by #13511,
eff 12-20-22
Env-Wq 508.07
Appeal.
(a) Within
30 days of the date of the written department decision issued pursuant to Env-Wq 508.06(b), any person aggrieved by the decision may
appeal the decision as a permitting decision as specified in RSA 21-O:14.
(b) If
no petition for appeal is filed within the specified period, the decision shall
be final upon the expiration of that period.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff 12-1-15; ss by #13511,
eff 12-20-22
Env-Wq 508.08 Duration
of Decision. Final decisions under
this part shall be valid for 5 years. If
a project is not initiated within that time period, a
new environmental review shall be undertaken.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff 12-1-15; ss by #13511,
eff 12-20-22
PART Env-Wq 509 PROCUREMENT OF ENGINEERING SERVICES
Env-Wq
509.01 Purpose. The purpose of this part is to establish the
requirements for selecting and contracting with a consulting engineer for projects
funded in whole or in part by the CWSRF that require engineering services.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff 12-1-15; ss by #13511,
eff 12-20-22
Env-Wq 509.02 Listed
Engineer Required for Funding. In order to receive funding from the CWSRF for engineering
services for projects funded in whole or in part by the CWSRF that require the services
of a professional engineer and for which pre-qualification is available under
Env-C 500, the recipient shall contract only with a listed engineer, as defined
in Env-C 502.10, who has been selected in accordance with this part.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff 12-1-15; ss by #13511,
eff 12-20-22
Env-Wq
509.03 Solicitation of Proposals.
(a) Prior to soliciting proposals, the recipient
shall submit a copy of its request for proposals (RFP) for a particular
wastewater project to the department.
(b) The department shall review the RFP to
ensure that the RFP accurately describes the project for which bids are being
solicited.
(c) The recipient shall:
(1) Modify the RFP if necessary
in response to comments provided by the department, if any; and
(2) Send the RFP to at least 3 listed engineers.
(d) If the recipient does not receive 3
proposals in response to the initial solicitation, the recipient shall send the
RFP to at least 3 additional listed engineers.
(e) Department review of the RFP shall not
release the recipient from its obligation to prepare an accurate RFP to provide
to potential bidders.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff 12-1-15; ss by #13511,
eff 12-20-22
Env-Wq
509.04 Selection of a Consulting
Engineer. Following receipt of
proposals, the recipient shall:
(a) Interview at least 3 of the responding
listed engineers to discuss the details of the proposal and other information
such as:
(1) Experience with similar projects that have
been successfully completed;
(2) Current workload and availability of
personnel to be assigned to the project;
(3) References from clients with completed
projects; and
(4) Names of intended subcontractors for
professional services, if any;
(b) Rate the listed engineers in order of
preference based on their respective qualifications to undertake the work, and
list the factors used in making the choices;
(c) Inform the department in writing of:
(1) The name of the listed engineer selected by
the recipient;
(2) The names of the recipient’s second and
third choices;
(3) Details of the selected proposal; and
(4) Estimated dates for project commencement and
completion;
(d) Inform the selected listed engineer in
writing of the final terms of the proposal and that:
(1) The recipient has informed the department of
the listed engineer’s selection by the recipient; and
(2) The department will be reviewing the process
by which the recipient selected the listed engineer to determine whether the
requirements of Env-Wq 509 have been met;
(e) Send a copy of the notification required by
(d), above, to the department;
(f) Negotiate the proposed fee and contract
terms with the selected listed engineer, such terms to be consistent with Env-Wq 509.05; and
(g) Repeat steps (a) through (f), above, if the
interviews with the rated listed engineers fail to result in the selection of a
consulting engineer for the project.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff 12-1-15; ss by #13511,
eff 12-20-22
Env-Wq 509.05 Engineering
Services Contracts for Expenditures of CWSRF Funds.
(a) For all projects
funded from the CWSRF that require consulting engineering services, the
contract for such services shall contain the following:
(1) A description of the services to be provided
by the consulting engineer, including the due date for any report or plans that
will be prepared;
(2) The loan recipient’s responsibilities under
the contract;
(3) The estimated time of completion of the
services covered by the contract;
(4) Compensation to be paid to the consulting
engineer; and
(5) Termination provisions.
(b) The recipient
shall comply with all applicable procedures and incidental legal requirements
in awarding the engineering services contract.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff 12-1-15; ss by #13511,
eff 12-20-22
Env-Wq
509.06 Final Terms for Engineering
Services Contracts; Contract Revisions.
(a) On receipt of the draft engineering services
contract from the recipient, the department shall review the draft contract to
confirm that the contract conforms with Env-Wq
509.05.
(b) The department shall inform the selected listed
engineer and the recipient in writing of any comments regarding the contract
terms, proposed work, and fee, based on the department’s knowledge of work and
fees for comparable projects in the state.
(c) The recipient shall submit to the department
for review any revisions to the contract made subsequent to
acceptance.
(d) In order for costs to remain eligible for
funding from the CWSRF, the contract and any subsequent revisions shall be
subject to negotiated changes if the department determines that the terms would
result in payments to the listed engineer that do not qualify for reimbursement
under applicable federal requirements, including but not limited to 2 CFR
§§200.403-404.
(e) Subject to (f) and (g), below, the recipient
shall submit the following contract forms, as applicable, for the final contract(s):
(1) For WWTF construction, the “Engineering
Construction Phase Contract for Professional Services for Treatment Works
form”, dated November 2022, available at https://www.des.nh.gov/sites/g/files/ehbemt341/files/documents/2020-01/grant-construction.docx;
(2) For WWTF design, the “Engineering Design
Phase Contract for Professional Services for Treatment Works form”, dated November
2022, available at https://www.des.nh.gov/sites/g/files/ehbemt341/files/documents/2020-01/grant-design.docx; and
(3) For WWTF reports, “the Engineering Report Phase
Contract for Professional Services for Treatment Works form”, dated November
2022, available at https://www.des.nh.gov/sites/g/files/ehbemt341/files/documents/2020-01/grant-report.docx.
(f) Any recipient that wishes to use an
alternate contract form shall submit the request in writing to the department
together with:
(1) A copy of the alternate contract form;
(2) A table that shows where each provision of
the department’s contract form appears in the alternate contract form; and
(3) A legal opinion from an attorney licensed to
practice in
(g) The department shall allow the recipient to
use the alternative contract form only if:
(1) Every provision in the department’s form
appears in the alternative form with the same substantive meaning;
(2) No provision in the alternative form changes
the meaning or otherwise precludes the full effect of the department’s form;
and
(3) The legal
opinion provided with the request confirms that there are no substantive
differences between the alternative form and the department’s form.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff 12-1-15; ss by #13511,
eff 12-20-22
Env-Wq
509.07 Consulting Engineer Status
During Project Construction Phase; Resident Project Representative Supervision
Required.
(a) After the contract for engineering services
has been signed by the recipient and the consulting engineer, the consulting
engineer shall act as the agent for the recipient in all matters related to the
project that also involve the department.
(b) Engineering services contracts for the
construction phase of a project shall require a resident project representative
to assure that the project meets the plans, technical specifications, and
agreement for construction of the project.
(c) The consulting engineer shall notify the
department in writing of the name of the resident project representative and
all assistant engineers and construction inspectors, together with a brief history
of the resident project representative’s construction experience.
(d) The consulting engineer shall notify the
department of any request for a change or any actual change of resident project
representative by submitting the name and qualifications of the proposed new
resident project representative in writing to the department.
(e) The department shall approve the change if
the proposed new resident project representative meets the criteria specified
in Env-Wq 502.45.
(f) The department shall notify the consulting
engineer of its decision on the proposed new resident project representative:
(1) By telephone, e-mail, or fax, as soon as
practicable; and
(2) If the initial notice was by telephone, by
sending written confirmation by email or fax within 30 days of receiving the written
notification from the firm.
(g) If the department does not approve the
proposed resident project representative, the notice provided pursuant to (f),
above, shall specify the reason(s) for the decision.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff 12-1-15; ss by #13511,
eff 12-20-22
PART Env-Wq 510 DESIGN, CONSTRUCTION, AND IMPLEMENTATION PHASES
Env-Wq 510.01 Plans and Specifications.
(a) Pursuant to RSA 485-A:4, IX, the applicant
shall submit plans and specifications for wastewater facilities for review and
approval in accordance with Env-Wq 700.
(b) For projects to abate NPS pollution, the
applicant shall submit plans and specifications that meet the applicable
requirements of Env-Wq 1503.07 through Env-Wq 1503.09 and demonstrate compliance with the applicable
provisions of Env-Wq 1508.
(c) For dam removal and repair projects, the applicant
shall submit plans and specifications that meet the applicable requirements of
Env-Wr 100 through Env-Wr
600.
(d) For subdivision and individual sewage
disposal system projects, the applicant shall submit plans and specifications
that meet the applicable requirements of Env-Wq 1000.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff 12-1-15; ss by #13511,
eff 12-20-22
Env-Wq
510.02 Construction Contract
Documents.
(a) The recipient shall submit construction
contract documents to the department for review and approval.
(b) No construction project shall be offered for
public bid until the department has reviewed and approved the contract
documents as specified in Env-Wq 510.03.
(c) The construction contract documents
submitted by the recipient to the department shall contain the following
information:
(1) Bidding requirements for the construction of
the project that meet the requirements in Env-Wq
510.04, including bid advertisement or solicitation for competitive quotations,
information for bidders, a bid proposal structure that separates eligible
construction from ineligible construction, and applicable bid security requirements;
(2) Agreement and applicable requirements for
the payment bond, performance bond, notice to proceed, and related documents
such as the contractor’s affidavit, the contractor’s release, the certificate
of substantial completion, and the format for change orders;
(3) Applicable federal requirements;
(4) Plans and specifications as specified in
Env-Wq 510.01;
(5) Appendices including boring logs, permits
and other details as appropriate;
(6) Provisions giving authorized representatives
of the department access to all construction activities, books, records, and
documents for the purpose of inspection, audit, and copying during normal
business hours; and
(7) Such conditions, specifications, and other
provisions as are required to comply with state and federal law.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff 12-1-15; ss by #13511,
eff 12-20-22
Env-Wq
510.03 Department Review of Contract
Documents.
(a) The department shall review the contract
documents submitted pursuant to Env-Wq 510.02 within
60 days of receipt.
(b) The department shall approve the contract
documents if they:
(1) Meet the requirements stated in Env-Wq 510.02(c);
(2) Are consistent with all applicable state and
federal requirements; and
(3) Are consistent with the report submitted
pursuant to Env-Wq 506.05(a) or (b), as applicable.
(c) After the contract documents are approved,
no changes to the contract documents shall be made unless the recipient obtains
prior approval from the department pursuant to Env-Wq
510.06(d).
(d) After the contract documents are approved,
no increases in project cost or scope shall be made unless the recipient obtains
prior approval from the department pursuant to Env-Wq
510.06(e).
(e) Approval of the contract documents shall not
relieve the applicant of any liabilities or responsibilities with respect to
the design, construction, operation, or performance of the project.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff 12-1-15; ss by #13511,
eff 12-20-22
Env-Wq 510.04 Bidding
Requirements. Recipients of state or
federal funds for projects covered under §211 or 212 of the CWA shall comply
with the following bidding requirements:
(a) The bid period shall be not less than 30
calendar days;
(b) The advertisement for bids shall include the
following information as commensurate with the nature and magnitude of the
project:
(1) The project name and contract number;
(2) The location of work;
(3) A description of work to be performed;
(4) The names and addresses of persons receiving
bids;
(5) The time and date at which the bids will be
publicly opened and read aloud, and a statement that bids received after that
time will not be accepted;
(6) An address and cost information for
obtaining plans and specifications; and
(7) The addresses where plans and specifications
can be examined.
(c) A bid security in the amount of 5% of the
bid shall be required in the form of a certified check or a bid bond executed
by a surety company authorized to do business in
(d) A 100% performance bond and a 100% payment
bond shall be required;
(e) The recipient shall reserve the right to:
(1) Reject any or all bids;
(2) Accept any bid;
(3) Waive any informalities or minor defects on
bids received; and
(4) Omit any bid item; and
(f) If any addenda to the bid are needed, the
recipient shall:
(1) Submit the proposed addenda to the department
for review as much in advance of issuing it as possible;
(2) Refrain from issuing the addenda without
approval from the department; and
(3) Issue the approved addenda no less than 5
days prior to bid opening.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff 12-1-15; ss by #13511,
eff 12-20-22
Env-Wq 510.05 Awarding
Construction Contracts.
(a) The recipient of financial assistance from
the CWSRF for a construction project shall comply with all applicable legal
procedures and other legal requirements in advertising for bids and awarding
the construction contract.
(b) The text of the construction contract
documents shall not vary from the text of the contract documents approved
pursuant to Env-Wq 510.03 unless a change has been
approved pursuant to Env-Wq 510.06.
(c) After receiving and reviewing bids, the
recipient shall select the lowest responsive bid or competitive quotation,
unless approval is requested and obtained from the department to award the contract
to a higher bid or quotation based on the lowest bid or quotation not being
from a responsible bidder.
(d) The recipient shall request approval from
the department to award the construction contract by submitting the following
to the department in writing:
(1) A revised, detailed total project cost
estimate of eligible project costs, including construction, construction administration,
and other costs;
(2) Evidence of advertisement for bids;
(3) A tabulation of all bids that were received;
(4) A letter signed by the recipient’s authorized
representative indicating the contract value and the name of the bidder to whom
the contract is planned to be awarded;
(5) A copy of the bid proposal of the bidder to
whom the contract is planned to be awarded;
(6) An itemized breakdown of bid quantities and
associated costs eligible for CWSRF participation;
(7) For projects funded under §211 or §212 or
both of the CWA, certification that the loan recipient has retained an engineer
that is prequalified by the department under Env-C 500 to provide construction
phase engineering services;
(8) Documentation assuring bidder compliance
with EPA’s Disadvantaged Business Enterprise (DBE) participation requirements,
40 CFR Part 33, or other federal requirements for contracting with
disadvantaged business enterprises, including but not limited to those
specified in 2 CFR § 200.321, as applicable, including bidding specifications,
procurement efforts, and reporting accountabilities; and
(9) Certification that all necessary permits,
land acquisitions, and easements have been secured.
(e) The department shall approve the award of the
construction contract if it determines that all applicable requirements have
been met. The applicant shall not award
the construction contract until after it has received written approval to do so
from the department.
(f) For all construction projects funded by the
CWSRF program, following receipt of approval from the department the recipient
shall execute a construction contract with the selected contractor.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff 12-1-15; ss by #13511,
eff 12-20-22
Env-Wq
510.06 Changes to Contract Documents
and Project Cost or Scope.
(a) After the contract documents have been
approved by the department and prior to awarding the contract, the recipient
shall not make, allow, or authorize any changes, modifications, or amendments
to or departure from the approved plans and specifications that would materially
or significantly affect project cost, estimated revenues, or project design
without the prior written approval of the department.
(b) A request to modify contract documents as
described in (a), above, shall:
(1) Identify the specific change(s) for which approval is sought;
(2) Explain the reasons for the request, including an explanation of
the operational or economic consequences of
the requested changes not being approved; and
(3) Explain how the request meets the criteria specified in (d) or
(e), below, as applicable.
(c) The department shall approve or deny the
request within 10 working days of receipt of a request meeting the criteria of
(b), above.
(d) For changes other than increases to project cost
or scope, the department shall approve the requested change(s) in the contract
documents if the recipient’s request demonstrates that the change(s) are:
(1) Consistent with applicable federal and state
requirements; and
(2) In the best interests of the CWSRF and the
public served or to be served by the project.
(e) The department shall approve a request for
an increase in project cost or scope if the following criteria are met:
(1) The increased scope was not reasonably
foreseeable at the time the original project proposal was submitted;
(2) The cost increase results in a total cost no
greater than the prevailing rate for the item to which the cost is attributable
such as, but not limited to, labor and materials;
(3) If the recipient is requesting additional CWSRF
funds, the item to which the cost increase is attributable
is an eligible cost as specified in Env-Wq 504; and
(4) If the
recipient is requesting additional CWSRF funds, the fund has sufficient monies
available at the time the request is filed to cover the proposed cost increase.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff 12-1-15; ss by #13511,
eff 12-20-22
Env-Wq 510.07 Recipient’s
Obligations for Inspections During Construction.
(a) During the construction phase of the
project, the recipient shall obtain the engineering or other consulting services necessary to
assure completion of the project in accordance with the loan agreement and the
approved plans and specifications.
(b) After the construction contract is awarded,
the recipient shall provide for on-site inspections of the project by a
resident project representative that are sufficient to provide assurance to the
recipient and the department that the work is being performed in a satisfactory
manner in accordance with the approved plans and specifications, approved
alterations, and sound engineering principles and building practices.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff 12-1-15; ss by #13511,
eff 12-20-22
Env-Wq 510.08 Department
Inspections During Construction.
(a) The recipient shall allow department
personnel to inspect the project at any time in order to
confirm that:
(1) The materials furnished meet the approved
specifications; and
(2) The project is being built in accordance
with the approved plans and specifications and any approved alterations.
(b) In conjunction with project inspections, the
department shall:
(1) Inspect the materials that are visible at
the time of the inspection to determine compliance with the approved plans and
specifications; and
(2) Document the manner and progress of the
project, conditions relating to the materials furnished, and on the
contractor’s compliance with the approved plans and specifications for the
project.
(c) Inspections by the department shall not
release the contractor from any obligation to perform the work in accordance
with the requirements of the contract documents, nor shall such inspections
release the recipient and the resident project representative or consulting
engineer from determining compliance with the requirements of the contract
documents.
(d) The contractor and recipient shall provide
the department with such accommodations as are needed for the department to
determine whether the work as performed is in accordance with the requirements
and intent of the contract.
(e) The department shall, as soon as
practicable, bring to the attention of the recipient and the resident project
representative, and the consulting engineer, if any, any discrepancies between
the approved plans and specifications and the actual work observed of which it
becomes aware through its inspections.
(f) Upon being notified of any such discrepancies, the recipient, the
resident project representative, and the consulting engineer, if any, shall immediately:
(1) Initiate necessary action to rectify the
deficiencies; or
(2) Provide documentation explaining the
reason(s) for the discrepancy and demonstrating that the installation meets applicable
requirements.
(g) If the recipient’s resident project
representative or consulting engineer disagrees with the department as to
whether material furnished or work performed conforms with the terms of the
construction contract, the recipient shall direct the resident project
representative or consulting engineer to reject questionable materials and
initiate other action provided for in the construction contract, including
suspension where necessary, until all disputed issues are resolved in accordance
with the terms of the construction contract.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff 12-1-15; ss by #13511,
eff 12-20-22
Env-Wq 510.09 Limitations
on Project Modifications; Requests for Approval.
(a) After construction has commenced, the
recipient shall not make, allow, or authorize any changes, modifications, or
amendments to, or any departures from, the approved plans and specifications
that would materially or significantly affect project cost, estimated revenues,
or project design without prior written approval from the department.
(b) The recipient shall request such approval by
submitting the following information in writing to the department:
(1) The name of the recipient and the name and
location of the recipient’s water pollution abatement project;
(2) The loan agreement project number;
(3) A description of the modification(s) for
which the recipient is seeking approval;
(4) The reason why the modification(s) is
necessary; and
(5) The operational and economic consequences to
the recipient and the project of the department not approving the modifications.
Source. (See Revision Notes #1-#3 at chapter heading for
Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22
Env-Wq 510.10 Approval
of Project Modifications.
(a) Subject to (b) and (c), below, the
department shall approve a request submitted pursuant to Env-Wq 510.09 if:
(1) The scope of the project as modified is
consistent with the original intent of the financial assistance; and
(2) If additional CWSRF funds are requested, the
increased cost is approvable under the criteria established in Env-Wq 505.
(b) The department shall review the request and
notify the recipient and resident project representative and consulting
engineer, if any, as soon as practicable considering the scope of the request.
(c) A change of project scope, such as the
addition of new construction items, shall not be eligible for additional
funding after loan closing unless one of the following conditions are met:
(1) The change of scope is necessary due to an
oversight, and is needed to provide a functional end result
and not to replace faulty construction or equipment already funded; or
(2) The change of scope is necessary due to
changes in federal or state requirements.
(d) The amount of funding provided from the
CWSRF shall be increased only by a formal amendment in writing with the
department, with governor and council approval.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff 12-1-15; ss by #13511,
eff 12-20-22
Env-Wq
510.11 Construction Phase Submittal. During the construction phase of the project,
the recipient shall submit:
(a) A notice of completion of construction to
the department, upon completion of project construction; and
(b) Any other construction-phase submittals required
by the financial assistance documents to be submitted for the department's
approval.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff 12-1-15; ss by #13511,
eff 12-20-22
Env-Wq 510.12 Final Inspection and Review of Records.
(a) Upon completion of any project for which
financial assistance from the CWSRF has been provided, the recipient shall
furnish to the department written notification of completion.
(b) Upon receipt of such notification, or upon
project completion should notification not be furnished as required, and prior
to the department approving the final loan disbursement, the department shall:
(1) Conduct a final on-site inspection of the
project with the recipient or the recipient’s designee; and
(2) Review the recipient’s records relative to
funds furnished to the recipient from the CWSRF.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff 12-1-15; ss by #13511,
eff 12-20-22
Env-Wq
510.13 Project Performance
Certification.
(a) One year after the initiation of operation,
the recipient shall certify that any project constructed or otherwise
implemented using funds made available through the CWSRF meets applicable
design specifications and any applicable effluent limitations.
(b) The certification required by (a), above,
shall include the following information and certification:
(1) The recipient’s name;
(2) The CWSRF project number;
(3) A brief project description;
(4) The name and title of the authorized
representative providing the certification;
(5) The date of the certification;
(6) A statement that the project meets
applicable design standards; and
(7) A statement either that the project is not
subject to any effluent limitations or that the project is in
compliance with all applicable effluent limitations.
(c) The authorized representative shall sign and
date the certification. Such signature
shall constitute certification by the applicant that:
(1) The information provided is true, complete,
and not misleading to the best of the signer’s
knowledge and belief;
(2) The signer understands that any official department
determination that the recipient has complied with the terms and conditions of
the loan that is based on false, incomplete, or misleading information is
subject to modification, up to and including reversal, through an adjudicative
proceeding conducted in accordance with applicable provisions of Env-C 200.;
and
(3) The signer is subject to the penalties
specified in
(d) If the signer is or is acting on behalf of a
listed engineer as defined in Env-C 502.10, the signature also shall constitute
certification that the signer understands that the submittal of false,
incomplete, or misleading information is grounds for debarring the listed engineer
from the roster.
(e) The recipient may use a form obtained from
the department to provide the certification required by (a), above.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff 12-1-15; ss by #13511,
eff 12-20-22
PART Env-Wq 511 WAIVERS
Env-Wq 511.01 Purpose. The purpose of the rules in this part is to
accommodate situations in which strict compliance with all rules in this
chapter may not be in the best interests of the public or the CWSRF.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff 12-1-15; ss by #13511,
eff 12-20-22
Env-Wq
511.02 Procedures.
(a) Any applicant or recipient who is or would
be directly and adversely affected by the strict application of a rule in Env-Wq 500 may request a waiver thereof.
(b) Each request for a waiver shall be filed in
writing.
(c) Each request for a waiver shall include the
information specified in Env-Wq 511.03 and be signed
as required by Env-Wq 511.04.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff 12-1-15; ss by #13511,
eff 12-20-22
Env-Wq 511.03 Content
and Format of Requests. The person
requesting the waiver shall provide the following information:
(a) The name, mailing address, and daytime
telephone number of the requestor;
(b) The project to which the waiver request relates;
(c) The number(s) of the specific section(s) of
the rules for which a waiver is sought;
(d) A full explanation of why a waiver is being
requested, including an explanation of the economic and operational
consequences of complying with the rule as written;
(e) If applicable, a full explanation of the
alternate(s) proposed to be substituted for the requirement in the rule,
including documentation or data, or both, to support the alternative;
(f) Whether the need for the waiver is
time-limited and, if so, the estimated length of time the waiver will be
needed; and
(g) A full explanation of why the applicant
believes that having the waiver granted will meet the criteria specified in
Env-Wq 511.05.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff 12-1-15; ss by #13511,
eff 12-20-22
Env-Wq
511.04 Signature Required.
(a) The person
requesting the waiver shall sign the request.
(b) The signature shall constitute certification
that:
(1) The information provided is true, complete,
and not misleading to the best of the
signer’s knowledge and belief; and
(2) The signer understands that any waiver
granted based on false, incomplete, or misleading information shall be subject
to revocation; and
(3) The signer is subject to the penalties
specified in
(c) If the signer is or is acting on behalf of a
listed engineer as defined in Env-C 502.10, the signature also shall constitute
certification that the signer understands that the submittal of false,
incomplete, or misleading information is grounds for debarring the listed engineer
from the roster.
Source. (See Revision Notes #1-#3 at chapter heading for
Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22
Env-Wq
511.05 Criteria.
(a) Subject to (b), below, the department shall
grant a waiver if:
(1) Granting the waiver, conditional upon
implementation of alternatives, if applicable, will result in circumstances that are
as protective of the public, the environment, and the integrity of the CWSRF
program as complying with the requirements contained in this chapter;
(2) Granting the waiver, conditional upon
implementation of alternatives, if applicable, will not adversely impact the
department’s obligations under RSA 486, the CWA, or any capitalization grant;
and
(3) Strict adherence to the rule would not be in
the best interest of the public, the environment, or the CWSRF.
(b) No waiver shall be granted if the effect of
the waiver would be to waive or modify a state or federal statutory
requirement, including but not limited to any requirement of RSA 486, the CWA,
or a capitalization grant, unless:
(1) Such statute or grant expressly provides that the
requirement may be waived or modified; and
(2) In the
case of a federal statute or capitalization grant, EPA does not object to
granting the waiver.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff 12-1-15; ss by #13511,
eff 12-20-22
Env-Wq 511.06 Decisions.
(a) The department shall notify the person requesting
the waiver of the decision in writing within 30 days of receiving a complete
request. If the request is denied, the
department shall specify the reason(s) for the denial in the notice.
(b) The
department shall include such conditions in a waiver as are necessary to ensure
that the criteria specified in Env-Wq 511.05 are met,
including if applicable the implementation of alternatives.
(c) If
the need for a waiver is temporary, the waiver shall specify the date on which
it will expire.
Source. (See Revision Notes #1-#3 at chapter heading
for Env-Wq 500) #10984, eff 12-1-15; ss by #13511,
eff 12-20-22
Appendix A: State And Federal Statutes, Regulations Implemented
State
Statute(s) Implemented |
Federal
Statute(s), Regulations Implemented |
|
Env-Wq 501-502 |
RSA 486:14 |
33 U.S.C.
§§1251-1387; 40 CFR Part 35, Subparts I & K |
Env-Wq 503 |
RSA 486:14 |
33 U.S.C.
§§1251-1387; 40 CFR §35.2012, 3110 , 3135 |
Env-Wq 504 |
RSA 486:14 |
33 U.S.C.
§§1251-1387; 40 CFR §35.3115, 3120, 3125, |
Env-Wq 505 |
RSA 486:14 |
33 U.S.C.
§§1251-1387; 40 CFR §35.3150 |
Env-Wq 506 |
RSA 486:14 |
33 U.S.C.
§§1251-1387; 40 CFR Part 35, Subparts I & K |
Env-Wq 507 |
RSA 486:14 |
33 U.S.C.
§§1251-1387; 40 CFR §35.3120, 3135 |
Env-Wq 508 |
RSA 486:14 |
33 U.S.C.
§§1251-1387; 40 CFR 35.2113, 3140 |
Env-Wq 509 |
RSA
485-A:4, XIII; |
33 U.S.C.
§§1251-1387; 40 CFR Part 35, Subparts I & K |
Env-Wq 510 |
RSA 486:14 |
33 U.S.C.
§§1251-1387; 40 CFR Part 35, Subparts I & K |
Env-Wq 511 |
RSA
541-A:22, IV |
|
Appendix B: Statutory Definitions
RSA
485-A:2:
VI.
“Industrial waste” means any liquid, gaseous or solid waste substance resulting
from any process of industry, manufacturing trade or business or from development
of any natural resources.
VIII. “Other
wastes” means garbage, municipal refuse, decayed wood, sawdust, shavings, bark,
lime, ashes, offal, oil, tar, chemicals and other
substances other than sewage or industrial wastes, and any other substance
harmful to human, animal, fish or aquatic life.
IX. “Person”
means any municipality, governmental subdivision, public or private
corporation, individual, partnership, or other entity.
IX-a.
“Septage” means material removed from septic tanks, cesspools, holding tanks,
or other sewage treatment storage units, excluding sewage sludge from public treatment
works and industrial waste and any other sludge.
X. “Sewage”
means the water-carried waste products from buildings, public or private,
together with such groundwater infiltration and surface water as may be
present.
XI-a. “Sludge”
means the solid or semisolid material produced by water and wastewater
treatment processes, excluding domestic septage; provided, however, sludge
which is disposed of at solid waste facilities permitted by the department is
considered solid waste and regulated under RSA 149-M.
XIX.
“Wastewater facilities” means the structures, equipment, and processes required
to collect, convey, and treat domestic and industrial wastes, and dispose of
the effluent and sludge.
XVI-a.
“Wastewater treatment plant” means the treatment facility or group of treatment
devices which treats domestic or combined domestic and industrial wastewater
through alteration, alone or in combination, of the physical, chemical, or
bacteriological quality of the wastewater and which dewaters and handles sludge
removed from the wastewater.