49-1268. Hardship grant financial
assistance
A. In compliance with any applicable requirements:
1. A political subdivision or Indian tribe may apply to the authority for and
accept financial and technical assistance pursuant to section 49-1267, subsection C. To
qualify for financial assistance pursuant to this section, the political subdivision's or
Indian tribe's project must appear on this state's clean water revolving fund priority
list.
2. The applicant must be a community in a rural area that complies with both of the
following:
(a) The community has a population of three thousand persons or less as determined
by the most recent United States decennial census.
(b) The community lacks centralized wastewater treatment or collection systems or
needs improvements to its treatment systems.
B. In compliance with any applicable requirement, the board shall:
1. Prescribe a simplified form and procedure to apply for and approve assistance.
2. Establish by rule criteria by which assistance will be awarded including
requirements for local participation in project cost, if deemed advisable.
3. Determine the order and priority of projects assisted pursuant to this section
based on the merits of the application with respect to water quality issues.
C. The authority shall review on its merits each application received and shall
inform the applicant of the board's determination within sixty days after receipt of a
complete and correct application. If the application is not approved, the board shall
notify the applicant, stating the reasons. If the application is approved, the board may
condition the approval on those assurances that the board deems necessary to ensure that
the financial assistance will be used according to law and the terms of the application.
D. The approval of financial assistance shall be conditioned on a written
commitment by the political subdivision or Indian tribe to complete all applicable
reviews and approvals and to secure all required permits in a timely manner.
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