DAR File No. 27179

Environmental Quality, Water Quality

R317-100-3

Numeric Project Priority Ranking System

NOTICE OF PROPOSED RULE

DAR File No.: 27179
Filed: 05/14/2004, 05:24
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The proposed changes are being made at the Utah Water Quality Board's direction to increase priority status on the Utah Wastewater Project Priority List for communities that achieve Quality Growth Certification.

Summary of the rule or change:

The proposed change adds priority points to the Utah Wastewater Project Priority List for communities that achieve Quality Growth Certification.

State statutory or constitutional authorization for this rule:

Section 19-4-104, and 40 CFR 35.3115

Anticipated cost or savings to:

the state budget:

No change to the state budget. This rule applies to priority system and ranking for available SRF funding for wastewater projects and will not affect state resources.

local governments:

No costs or savings to local government. Priority ranking may improve a local government's ability to receive funding under the State's wastewater loan programs.

other persons:

No costs of savings to other persons. This rule only incorporates funding priorities for municipalities.

Compliance costs for affected persons:

The State Wastewater Loan Program is a voluntary program. No compliance costs are associated with the priority system.

Comments by the department head on the fiscal impact the rule may have on businesses:

The proposed rule does not apply to businesses. It only applies to communities that achieve quality growth certification.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

Dave Wham at the above address, by phone at 801-538-6052, by FAX at 801-538-6016, or by Internet E-mail at dwham@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

07/01/2004

This rule may become effective on:

07/16/2004

Authorized by:

Don Ostler, Director

RULE TEXT

R317. Environmental Quality, Water Quality.

R317-100. Utah State Project Priority System for the Utah Wastewater Project Assistance Program.

R317-100-3. Numeric Project Priority Ranking System.

A. PRIORITY POINT TOTAL

1. A priority number total for a project will be determined by adding the priority points from each of the four priority categories. Total Priority Points = Project Need for Reduction of Water Pollution + Potential for Improvement Factor + Existing Population Affected + Special Consideration. If two or more projects receive an equal number of priority points, such ties shall be broken using the following criteria:

a. The projects shall be ranked in order of the highest "Need for Reduction of Water Pollution."

b. If the tie cannot be broken on the basis of need, the projects shall be ranked in order of the "Potential for Improvement Factor."

c. If the tie cannot be broken on the basis of the above, the project serving the greatest population will be given priority.

. . . . . . .

E. SPECIAL CONSIDERATION

1. The proposed project is an interceptor sewer which is part of a larger regional plan and is necessary to maintain the financial, environmental or engineering integrity of that regionalization plan: 20 points, or

2. The project is needed to preserve high quality waters such as prime cold water fishery and anti-degradation segments: 20 points.

3. The proposed project will change the facility's sludge disposal practice from a non-beneficial use to a beneficial use method: 20 points.

4. The users of the proposed project are subject to a documented water conservation plan: 20 points.

5. The sponsor of the proposed project has completed and submitted the most recent Municipal Wastewater Planning Program (MWPP) questionnaire: 20 points.

6. The sponsor of the proposed project, or its member entities, is certified as meeting the requirements for a Quality Growth Community: 20 points.

KEY: grants, state assisted loans, wastewater

[July 5, 2002]2004

Notice of Continuation October 7, 2002

19-5

19-5-104

40 CFR 35.915 and 40 CFR 35.2015

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Dave Wham at the above address, by phone at 801-538-6052, by FAX at 801-538-6016, or by Internet E-mail at dwham@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.