State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_159G > GS_159G-23

§ 159G‑23.  Commoncriteria for loan or grant from Wastewater Reserve or Drinking Water Reserve.

The criteria in this sectionapply to a loan or grant from the Wastewater Reserve or the Drinking WaterReserve. The Division of Water Quality and the Division of Environmental Healthmust each establish a system of assigning points to applications based on thefollowing criteria:

(1)        Public necessity. – Anapplicant must explain how the project promotes public health and protects theenvironment. A project that improves a system that is not in compliance withpermit requirements or is under orders from the Department, enables amoratorium to be lifted, or replaces failing septic tanks with a wastewatercollection system has priority.

(2)        Effect on impairedwaters. – A project that improves designated impaired waters of the State haspriority.

(3)        Efficiency. – Aproject that achieves efficiencies in meeting the State's water infrastructureneeds or reduces vulnerability to drought consistent with Part 2A of Article 21of Chapter 143 of the General Statutes by one of the following methods haspriority:

a.         The combination oftwo or more wastewater or public water systems into a regional wastewater orpublic water system by merger, consolidation, or another means.

b.         Conservation orreuse of water, including bulk water reuse facilities and waterlines to supplyreuse water for irrigation and other approved uses.

c.         Construction of aninterconnection between water systems intended for use in drought or otherwater shortage emergency.

d.         Repair orreplacement of leaking waterlines.

e.         Replacement ofmeters and installation of new metering systems.

(4)        Comprehensive land‑useplan. – A project that is located in a city or county that has adopted or hastaken significant steps to adopt a comprehensive land‑use plan underArticle 18 of Chapter 153A of the General Statutes or Article 19 of Chapter160A of the General Statutes has priority over a project located in a city orcounty that has not adopted a plan or has not taken steps to do so. Theexistence of a plan has more priority than steps taken to adopt a plan, such asadoption of a zoning ordinance. A plan that exceeds the minimum State standardsfor protection of water resources has more priority than one that does not. A projectis considered to be located in a city or county if it is located in whole or inpart in that unit. A land‑use plan is not considered a comprehensive land‑useplan unless it has provisions that protect existing water uses and ensurecompliance with water quality standards and classifications in all waters ofthe State affected by the plan.

(5)        Flood hazardordinance. – A project that is located in a city or county that has adopted aflood hazard prevention ordinance under G.S. 143‑215.54A has priorityover a project located in a city or county that has not adopted an ordinance. Aplan that exceeds the minimum standards under G.S. 143‑215.54A for aflood hazard prevention ordinance has more priority than one that does not. Aproject is considered to be located in a city or county if it is located inwhole or in part in that unit. If no part of the service area of a project islocated within the 100‑year floodplain, the project has the same priorityunder this subdivision as if it were located in a city or county that hasadopted a flood hazard prevention ordinance. The most recent maps preparedpursuant to the National Flood Insurance Program or approved by the Departmentdetermine whether an area is within the 100‑year floodplain.

(6)        Sound management. – Aproject submitted by a local government unit that has demonstrated awillingness and ability to meet its responsibilities through sound fiscalpolicies and efficient operation and management has priority.

(7)        Capital improvementplan. – A project that implements the applicant's capital improvement plan forthe wastewater system or public water system it manages has priority over aproject that does not implement a capital improvement plan. To receivepriority, a capital improvement plan must set out the applicant's expectedwater infrastructure needs for at least 10 years.

(8)        Coastal habitatprotection. – A project that implements a recommendation of a Coastal HabitatProtection Plan adopted by the Environmental Management Commission, the CoastalResources Commission, and the Marine Fisheries Commission pursuant to G.S. 143B‑279.8has priority over other projects that affect counties subject to that Plan.  (2005‑454, s. 3; 2008‑143,s. 15.)