WAC 173-322-100
Safe drinking water action grants. (1)
Purpose. The purpose of the safe drinking water action grant
program is to assist local governments, or a local government
applying on behalf of a purveyor, in providing safe drinking
water to areas contaminated by, or threatened by contamination
from, hazardous waste sites.
(2) Applicant eligibility. To be eligible for a safe
drinking water action grant, the applicant must meet the
following requirements:
(a) The applicant must be a local government, as defined
in WAC 173-322-020;
(b) The applicant must be a purveyor, as defined in WAC 173-322-020, or the applicant must be applying on behalf of a
purveyor;
(c) The applicant must be in substantial compliance, as
determined by the department of health, with applicable rules
of the state board of health or the department of health, as
contained in chapter 246-290 WAC (Public water supplies),
chapter 246-292 WAC (Water works operator certification),
chapter 246-293 WAC (Water System Coordination Act), and
chapter 246-294 WAC (Drinking water operating permits);
(d) The public water system must be located in an area
determined by the department to be a hazardous waste site or
threatened by contamination from a hazardous waste site;
(e) The public water system must exhibit levels of
contamination which exceed the primary maximum contaminant
levels (MCLs) established by the state board of health and set
forth in WAC 246-290-310, exhibit levels of contamination
which exceed the cleanup standards established by the
department of ecology under WAC 173-340-700 through173-340-760
, or be certified by the state department of health
that a contaminant threatens the safety and reliability of a
public water system which cannot be remedied solely by
operational solutions. Contaminants must include at least one
hazardous substance. If the contaminant is a nitrate or
trihalomethane, it must be determined to have originated from
a hazardous waste site;
(f) An order or decree must require safe drinking water
action. The department may waive this requirement if it has
determined that no viable potentially liable person (PLP)
exists or that public health would be threatened from
unreasonable delays associated with the search for PLPs or the
development of an order or decree. If the safe drinking water
action is required under an order or decree issued under the
federal cleanup law, then the order or decree must have been
signed or acknowledged in writing by the department as a
sufficient basis for remedial action grant funding; and
(g) If the safe drinking water action includes water line
extensions, then the extensions must be consistent with the
coordinated water system plan and growth management plan for
the geographic area containing the affected water supplies.
(3) Application process.
(a) Submittal. If the safe drinking water actions are
required under an order or decree, then the grant application
must be submitted to the department within sixty days of the
effective date of the order or decree. If the safe drinking
water actions are not required under an order or decree, then
the grant application may be submitted to the department at
any time.
(b) Content. The grant application must be completed on
forms provided by the department and include the following:
(i) Sufficient evidence to demonstrate compliance with
the eligibility requirements in subsection (2) of this
section;
(ii) A description of the history of the site, the
current status of the site, the threat posed by the site to
the public water system, and the remedial actions to be
performed at the site to address that threat;
(iii) A description of the environmental benefits of the
project;
(iv) A copy of the order or decree, if applicable;
(v) A copy of the scope of work that specifies the
remedial actions to be performed at the site to address the
threat to the public water system;
(vi) A budget for the scope of work;
(vii) A description of all current or potential sources
of funding including, but not limited to, other grants or
loans and proceeds from contribution or insurance claims; and
(viii) A commitment by the applicant to provide the
required matching funds and a description of the sources of
those funds.
(4) Application evaluation and prioritization.
(a) The grant application will be evaluated by the
department for completeness and adequacy. After the
application has been completed, the department and the
applicant will negotiate the scope of work and budget for the
grant. The department will consider cost eligibility and
other sources of funding when negotiating the scope of work
and budget for the grant.
(b) When pending grant applications or anticipated demand
for safe drinking water action grants exceed the amount of
funds available, the department may prioritize applications or
limit grant awards based on the following:
(i) Relative risk to human health as jointly determined
by the department of ecology, in accordance with WAC 173-340-330, and the department of health, in accordance with
WAC 246-290-310. Sites with greater risk will receive higher
funding priority;
(ii) Relative readiness of the applicant to proceed
promptly to accomplish the scope of work;
(iii) Ownership of the water system to be extended or
improved. Local government-owned systems will receive higher
funding priority than other systems; and
(iv) Number of people served by the water system and per
capita cost of remediation.
(5) Cost eligibility. Costs must be eligible under this
section and be approved by the department in order to be
eligible for reimbursement.
(a) Eligible costs. Eligible costs for safe drinking
water action grants include, but are not limited to, the
reasonable costs for the following:
(i) Water supply source development and replacement,
including pumping and storage facilities, source meters, and
reasonable appurtenances;
(ii) Transmission lines between major system components,
including inter-ties with other water systems;
(iii) Treatment equipment and facilities;
(iv) Distribution lines from major system components to
system customers or service connections;
(v) Bottled water, as an interim action;
(vi) Fire hydrants;
(vii) Service meters;
(viii) Project inspection, engineering, and
administration;
(ix) Individual service connections, including any fees
and charges, provided that property owners substantially
participate in financing the cost of such connections;
(x) Drinking water well abandonment for wells identified
by the department as an environmental safety or health hazard
and decommissioned in accordance with WAC 173-160-381;
(xi) Interim financing where necessary as a prerequisite
to local government issuance of revenue bonds;
(xii) Other costs identified by the department of health
as necessary to provide a system that operates in compliance
with federal and state standards, or by the coordinated water
system plan as necessary to meet required standards; and
(xiii) Other costs identified by the department as
necessary to protect a public water system from contamination
from a hazardous waste site or to determine the source of such
contamination.
(b) Ineligible costs. Ineligible costs for safe drinking
water action grants include, but are not limited to, the
following:
(i) Retroactive costs, except as provided under
subsection (6) of this section;
(ii) Oversight costs;
(iii) Operating and maintenance costs;
(iv) Natural resource damage assessment costs and natural
resource damages;
(v) Legal costs including, but not limited to, the cost
of pursuing contribution or insurance claims, the cost of
administrative hearings, the cost of pursuing penalties or
civil or criminal actions against persons, the cost of
penalties incurred by the applicant, the cost of defending
actions taken against the applicant, and attorney fees; and
(vi) In-kind services.
(6) Retroactive cost eligibility. Retroactive costs are
not eligible for reimbursement unless:
(a) The department unreasonably delays the processing of
the grant application;
(b) The department provided only partial funding under a
prior grant agreement because funds were not available; or
(c) The costs were incurred conducting independent
remedial actions and those actions are incorporated as part of
the order or decree.
(7) Funding and reimbursement.
(a) Adjustment of eligible costs. If an order or decree
requires a potentially liable person (PLP) or a potentially
responsible party (PRP) other than a local government to
conduct remedial action, then the department shall deduct the
financial contribution of that PLP or PRP from the amount
eligible for grant funding. If the applicant receives
proceeds from a contribution claim before the effective date
of the grant agreement, then the department shall deduct those
proceeds from the amount eligible for grant funding, after
subtracting from those proceeds the legal costs incurred by
the applicant pursuing the contribution claim.
(b) Funding of eligible costs. Except as provided under
(c) of this subsection, the applicant shall be eligible to
receive funding for up to fifty percent of eligible costs.
(c) Additional funding. If the applicant is a county, or
is located within a county, that is economically
disadvantaged, as defined in WAC 173-322-020, then the
applicant shall be eligible to receive funding for up to
seventy-five percent of eligible costs.
(d) Match requirement. The applicant shall fund those
eligible costs not funded by the department under the grant.
The applicant may not use in-kind services or proceeds from
contribution claims to meet the match requirement.
(e) Reimbursement of grant funds. If the applicant
receives proceeds from a contribution claim after the
effective date of the grant agreement, then the applicant
shall reimburse the department for a proportional share of
those proceeds, after subtracting from those proceeds the
legal costs incurred by the applicant pursuing the
contribution claim.
[Statutory Authority: RCW 70.105D.070. 05-07-104 (Order
04-06), § 173-322-100, filed 3/18/05, effective 4/18/05. Statutory Authority: Chapter 70.105D RCW. 01-05-024 (Order
97-09A), § 173-322-100, filed 2/12/01, effective 3/15/01. Statutory Authority: RCW 43.21A.080. 93-24-047, §
173-322-100, filed 11/23/93, effective 12/24/93. Statutory
Authority: Chapter 70.105D RCW. 90-10-057 (Order 89-45), §
173-322-100, filed 5/1/90, effective 6/1/90.]