The general procedure to be followed in the loan application, review, and consideration process shall be as follows:
(1)
- (A) All proposed water system projects (hereinafter “projects” or singular “project”) must be considered, in order, from the Comprehensive Project Priority List that is developed and administered by the Engineering Section of the Department of Health.
- (B) The Director of the Arkansas Natural Resources Commission may invite the governing body of each applicant to submit a letter of intent accompanied by a resolution authorizing the same as a prerequisite for further consideration by the Arkansas Natural Resources Commission;
(2) Preapplication.
(A) While not specifically required, all potential applicants are encouraged to initially contact the commission for purposes of making arrangements for participating in a preapplication conference between:
- (i) Commission staff;
- (ii) Applicant or representative;
- (iii) Applicant’s legal, financial, and engineering advisors; and
- (iv) Such other persons whose attendance and participation may be deemed appropriate and beneficial.
- (B) At the preapplication conference, preliminary matters respecting the applicant, the proposed project, and the application for loan may be generally discussed in an effort to familiarize all concerned parties with the applicable program and specific application requirements and procedures;
- (3) Water/Wastewater Advisory Committee. Prior to submission of a formal application for a project, the applicant must comply with the procedures established by the Water/Wastewater Advisory Committee;
(4) Application.
- (A) Applicant shall initiate application review and consideration by submission to the commission of an application.
- (B) In all instances, applications must be written in the form and must include substantive content meeting the requirements of 15 CAR § 25-301 et seq.
- (C) If the applicant is requesting commission funds from other than the Safe Drinking Water Fund, separate applications must be made with respect to the other programs.
- (D) However, every application for funds under the Safe Drinking Water Fund may be considered by the commission at its discretion as a request for loan under any other available programs;
(5) Preliminary review. Upon receipt of the application by the commission, the application shall be given preliminary review by commission staff for:
- (A) An initial determination of project eligibility under the Safe Drinking Water Fund requirements;
- (B) Applicant eligibility; and
- (C) Completeness and accuracy of all required and necessary information;
(6) Final review.
- (A) Subsequent to preliminary review and based upon the determination of eligibility and adequacy of information submitted, the application shall thereafter be reviewed by commission staff for recommendation to the commission.
- (B) In this endeavor, commission staff shall review and investigate the application for the purpose of determining project compliance with the approval criteria set forth in 15 CAR § 25-401 et seq., and compliance with such other considerations and factors deemed relevant and necessary for staff recommendation purposes.
- (C) In addition, the history of the applicant with respect to the achievement of objectives in previous commission grants, loans, and leases may be examined.
- (D) Where applicable, commission staff may contact state and federal government entities that have responsibilities associated with the project;
(7) Public hearing.
- (A) If the director determines that a public hearing would be beneficial in considering an application, he or she may schedule and conduct a hearing in the locality to be served by the project proposed in the application.
- (B) The purpose of the public hearing is to obtain written and/or oral statements expressing public views concerning the applicant's request for a loan.
- (C) Verbatim transcripts of such hearings will not be made.
- (D) Persons wishing to make extensive comments should provide a written copy thereof to the commission.
(E)
(i) The date, time, and place of the public hearing will be:
- (a) (a) Furnished to all concerned parties; and
- (b) (b) Published in a newspaper of statewide circulation for a reasonable amount of time.
- (ii) It is the policy of the commission that a "reasonable amount of time" shall normally mean that the publication of the notice of public hearing shall be for two (2) consecutive weeks by two (2) insertions, seven (7) days apart, before the date of the hearing; and
(8) Commission review and consideration. Upon completion of staff review, the submitted application with staff recommendations, if any, shall be placed upon the commission’s meeting agenda as promptly as practicable and shall be thereby submitted to the commission for commission:
- (A) Review;
- (B) Consideration; and
- (C) Action.