§342D-54  Wastewater treatment works;
financial assistance; grants.  (a)  The director may make grants to any
county or state agency for the construction of necessary wastewater treatment
works and for other projects intended for recycled water or waste management by
other than conventional means to prevent or to control the discharge of
untreated or inadequately treated sewage or other waste into any state waters.



(b)  No grant shall be made for any
project unless:



(1)  The project conforms with the state water
pollution control plan;



(2)  The project is certified by the director as being
entitled to priority over other eligible projects on the basis of financial as
well as water pollution control needs;



(3)  In the case of wastewater treatment works, the
application for the grant contains the following:



(A)  Reasonable assurances that the applicant
will provide for the proper and efficient operation and maintenance of the
wastewater treatment works after its construction; and



(B)  Reasonable assurances by the applicant
that an impact fee structure will be instituted to ensure that new developments
pay their appropriate share of the costs of the wastewater treatment works, as
determined by the counties;



(4)  The county or state agency receiving these state
funds requires the installation of the low flow water fixtures and devices for
faucets, hose bibbs, showerheads, urinals, and toilets in all new construction
projects, and the fixtures and devices shall be approved by the International
Association of Plumbing and Mechanical Officials and shall comply with
applicable American National Standards Institute standards and other standards
as may be required by the respective county for all new residential and public
buildings; and



(5)  The department, where appropriate, determines
that the county receiving these funds has taken specific steps to reduce
polluted runoff into state waters through educational and regulatory programs.



(c)  If federal grant funds are available, the
applicant shall be required to pay sixty per cent of the nonfederal share of
the estimated reasonable cost of the approved wastewater treatment works as
defined by Title 33 United States Code section 1251 et seq.  If federal grant
funds are not available, the director may make grants up to one hundred per
cent of the estimated cost of the project.



(d)  Nothing in this section shall
restrict the director’s authority to make grants to wastewater treatment
works or projects granted waivers under Title 33 United States Code section
1311(h).



(e)  No moneys used or available for
financing under part V shall be used for grants under this section.



(f)  No later than twenty days prior to
the convening of each regular session of the legislature, the director shall
submit to the legislature a financial report addressing the status of each
grant made during the last completed fiscal year. [L 1989, c 212, pt of §2; am
L 1991, c 262, §1; am L 1996, c 81, §1; am L 1997, c 221, §2; am L 2001, c 269,
§3]