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

(b)  No grant shall be made for anyproject unless:

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

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

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

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

(B)  Reasonable assurances by the applicantthat an impact fee structure will be instituted to ensure that new developmentspay their appropriate share of the costs of the wastewater treatment works, asdetermined by the counties;

(4)  The county or state agency receiving these statefunds requires the installation of the low flow water fixtures and devices forfaucets, hose bibbs, showerheads, urinals, and toilets in all new constructionprojects, and the fixtures and devices shall be approved by the InternationalAssociation of Plumbing and Mechanical Officials and shall comply withapplicable American National Standards Institute standards and other standardsas may be required by the respective county for all new residential and publicbuildings; and

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

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

(d)  Nothing in this section shallrestrict the director’s authority to make grants to wastewater treatmentworks or projects granted waivers under Title 33 United States Code section1311(h).

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

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