5 CCR 1002-52
52.1 INTRODUCTION
S.B. 88-50 amended Title 37 of Article 95, C.R.S. establishing a Water Pollution Control Revolving Fund (WPCRF) as an enduring and viable mechanism to fund water quality projects. The WPCRF shall be maintained and be available in perpetuity for providing financial assistance as authorized and defined by the Clean Water Act (federal Act).
Regulation No. 52, adopted by the Water Quality Control Commission (WQCC), is the WPCRF Intended Use Plan (IUP) that will serve as the planning document for January 1, 2004 through December 31, 2004 explaining how the state will use its appropriations for the WPCRF. The IUP identifies the specific projects and activities associated with the federal appropriation and other funds available to the WPCRF (e.g. state match, leveraged funds, and repayments). Funds allotted to the State for federal fiscal year (FFY) 2004 and the funds remaining from prior federal fiscal years capitalization grants are available to the WPCRF.
The WPCRF provides leveraged loans (over $1 million) at an interest rate of 80% of the market rate of the clean water revenue bonds, rated “AAA.” By December 31st each year the Colorado Water Resources and Power Development Authority's Board determines the interest rate for direct loans ($1 million and below) that will be issued in the following year.
The agencies (hereinafter referred to as the State) having responsibility for administering the WPCRF include: the Colorado Department of Public Health and Environment, Water Quality Control Division (“WQCD”), the Colorado Water Resources and Power Development Authority (“Authority”), and the Colorado Department of Local Affairs, Division of Local Government (“DLG”). The State agrees to submit to EPA, as part of its annual application for a Capitalization Grant under Title VI of the federal Act, an IUP that meets the requirements of Section 606(c) of the federal Act and C.R.S. 37-95-107.6. The requirements of the federal Act specify that the IUP include the following: ● A list of projects for construction of publicly owned treatment works and projects/activities eligible for assistance under sections 319 and 320 of the federal Act. This list must include the name of the community, permit number or other applicable enforceable requirement (if available), the type of financial assistance, and the projected amount of eligible assistance. (Permit numbers and other applicable enforceable requirements will be made available upon request). ● A description of the short and long-term goals of the State's WPCRF. ● Information on the types of activities, as opposed to project level details, to be supported by the WPCRF including the eligible cost categories, types of assistance to be provided (e.g., loans, guarantees, insurance, etc.), terms of financial assistance, types of communities to be served by the fund, and administrative costs.
52.2 LIST OF WATER POLLUTION CONTROL REVOLVING FUND PROJECTS
Attached to the IUP as Appendix A is the 2004 WPCRF Project Eligibility List. The list shows the current construction needs for all identified eligible water quality projects including point source wastewater treatment, nonpoint source (NPS), ground water, and storm water. Appendix B summarizes the additions and deletions that were made from the 2003 WPCRF Project Eligibility List Appendix C to the IUP is a table depicting projects that are likely to be funded with loans from the WPCRF during the remainder of calendar year 2003 and all of 2004. Projects shall conform to a State- approved plan, (for example, Water Quality Management Plan, NPS Management Plan, etc.) as updated from time to time, or they may not be considered for assistance through the WPCRF. The total estimated eligible cost for the 35 projects fisted in Appendix C is $273,270,000. If all of the projects listed apply for a WPCRF loan during 2004 and sufficient funds are not available the projects will be funded in a priority order as outlined in “52.6 Criteria and Methods For Distributing Funds.” Federal Crosscutting Authorities Several leveraged loan projects listed on Appendix C will receive loan assistance equaling the Capitalization Grant. Communities receiving assistance from federal capitalization grant funds shall comply with all applicable federal requirements.
All direct loans, NPS loans and some leveraged loans (see note below) will receive assistance from re- loan funds. Communities receiving assistance from the re-loan funds need only comply with the federal environmental and anti-discrimination requirements.
NOTE: Project sponsors seeking leveraged loans from the WPCRF should notify the WQCD by letter or loan application expressing interest in using re-loan funds. Assistance from re-loan funds will be allocated on a first come, first served basis.
52.3 LONG TERM GOALS
The State continues to develop and maintain long term goals that will insure the integrity of the WPCRF:
52.4 SHORT TERM GOALS
In an effort to continually improve the WPCRF program, the State will pursue the following short term goals throughout the calendar year for 2004.
52.5 INFORMATION ON ACTIVITIES TO BE SUPPORTED
Financial Activities As of May 31, 2003, the WPCRF administered 38 direct loans totaling $19,246,589 and 67 leveraged loans totaling $493,537,862. The total loan amount for the 105 loans is $512,784,451. The FFY 2003 capitalization grant was awarded on June 5, 2003. The EPA share was $10,594,584 and the State Match was $2,118,917 for a total of $12,713,501. The State anticipates receiving a similar amount of grant funds to be allocated in 2004.
The total amount of federal Capitalization Grant awards through FFY 2003 available for loans and program administration is $177,063,737 (including the $6.6 million transfer from the Drinking Water Revolving Fund). Of this amount, $163,969,694 has been obligated through June 30, 2003 for loans (see Appendix C) and $5,683,458 has been allocated for program administration. Re-loan funds of approximately $10,152,183 are expected to be available during the 2004 calendar year. Approximately $20,000,000 of grant and re-loan funds will be available for loans in the year 2004. Because Colorado leverages the fund, the 2004 loan capacity of the WPCRF should be approximately $71,000,000 (see Table I below).
Table I Calculation of Loan Capacity for 2004 Capitalization grants $ 177,063,737 through 2003 (includes DWRF transfer)
plus: Deallocation on $ 9,825,844 9/02/03 _______________ Total Re-Loan Funds $ 10,152,183 Available Loan Capacity for 2004 Leveraged Loans from $ 53,923,249 Grants × 2.3 Direct Loans from Re- $ 4,000,000 Loan Funds Leveraged Loans from Re-Loan Funds (total less direct loans) × $ 12,919,584
2.1
Table II identifies the revenues and expenses from the administrative fee account that are outside of the revolving loan fund. The values in this table may not reconcile differences between cash and accrual accounting methods. At the end of 2002, the State Match loan balance was at $11.3 million. Also at the end of the year, the cash balance in the administrative fee account was approximately $524,854. Table II Water Pollution Control Revolving Fund Administrative Fee Account - Revenues and Expenses as of December 31, 2002 Loan Fee Revenue Cap Grant Administrative Expense Administration 1988 to 1992 $1,636,524 $1,037,826 $1,910,106 1993 $733,383 $428,827 $535,711 1994 $943,434 $467,037 $673,447 1995 $1,136,274 $1,116,974 $813,147 1996 $1,211,368 $251,614 $1,010,151 1997 $1,481,355 $450,859 $916,953 1998 $1,905,633 $ - $1,004,025 1999 $2,378,314 $263,900 $1,082,722 2000 $2,779,961 $245,417 $1,068,715 2001 $3,073,559 $421,955 $1, 199,441 2002 $4,027,053 $339,810 $1,159,886 TOTAL $21,306,858 $5,024,219 $11,374,304 Additionally, administrative fee income will be used to fund a planning and/or design grants. (see Short Term Goals No. 1).
The proposed payment schedule using FFY-2004 WPCRF funds will be included in the application for the Capitalization Grant. The payment schedule identifies the anticipated amount of EPA Automated Clearinghouse (ACH) draws from the Capitalization Grant and State dollars to be deposited into the WPCRF.
A contractor (BBC Research and Consulting) was hired to perform a Minority Business Enterprise/Women Business Enterprise (MBE/WBE) study to determine the availability of MBE/WBE contractors for the Colorado WPCRF and DWRF programs. The results of the study helped established the MBE/WBE goals of 6.1% and 6.6%, respectively. These goals were incorporated into the FFY 03 Capitalization Grant. General Activities All funding agencies meet periodically to coordinate the financial needs of communities that have a water quality improvement project per the WPCRF Rules (Regulation No. 51). These projects are listed on the 2004 WPCRF Project Eligibility List (Appendix A).
The State will provide the necessary assurance and certifications as part of the Capitalization Grant Agreement and Operating Agreement between the State of Colorado and the EPA. Transfer Activities As authorized by Congress, up to 33% of the Drinking Water capitalization grants for FY1997 through FY2003 (total drinking water grants estimated at $90.6 million), may be reserved from the Drinking Water Revolving Fund (DWRF) and transferred to the WPCRF.
The following table itemizes the amount of net SRF funds available for transfer between the two programs.
Financial modeling, with a series of Federal funding and other program assumptions, shows the long term result of this transfer will be an additional average of $1.75 million per year in WPCRF project disbursements over the next twenty years.
Cross-Collateralization Activities Beginning in the calendar year commencing on January 1, 1999, the WPCRF, along with the DWRF, was able to cross-collateralize or pledge moneys on deposit in one fund to act as additional security for bonds secured by moneys on deposit in the other fund. This mechanism was utilized for both programs in 1999 and, as a result, the bond ratings for both programs were upgraded to “AAA” by all three bond rating agencies. This upgrade translates to lower interest rates and thereby more savings to the borrowers of both programs.
Public Review and Comment The WQCD contacted governmental agencies on the State's 2004 WPCRF Project Eligibility List regarding their potential for funding under the WPCRF. The WQCC held a formal public hearing on October 8, 2003 at which time the State's FY 2004 WPCRF IUP (Regulation No. 52) was adopted. Each year, the IUP will be amended to include additional WPCRF projects and the State will seek further public review and comment.
52.6 CRITERIA AND METHODS FOR DISTRIBUTING FUNDS
The WPCRF Rules (Regulation No. 51) and the IUP (Regulation No. 52) which includes the Project Eligibility List (attached as Appendix A) and Projected Loans (attached as Appendix C), provide a clear, objective system for identifying projects that will improve or benefit water quality in our state. This system uses the following criteria:
1. The list shall include three categories:
2. A $4 million set-aside will be reserved for small projects (under $1 million); there will not be an application deadline for these loans. In September of each year, loan repayments are deposited into the fund. These deposits can be made for additional small system loans if the $4 million set- aside is not adequate.
3. All leveraged loan projects must submit applications by February 1, 2004. (Depending upon demand and available loan capacity, a second application date may be set by the WQCD and the Authority for a fall bond issue.) If it is determined that the WPCRF lacks sufficient funds to cover loans for all eligible projects that are ready to proceed, Category 1 projects will be funded prior to Category 2 projects, which will be funded prior to Category 3 projects. Within each category, the following criteria will be used to further prioritize the projects:
3. The rationale for funding projects in an order other than that shown shall be due to one or more of the following three reasons:
52.10 STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORIT, AND PURPOSE (1989
The provisions of sections 25-8-202(1)(e) and (g); 25-8-308(1)(d); 37-95-107.6(4) C.R.S., provide the specific statutory authority for adoption of the attached regulatory amendments. The Commission also adopted, in compliance with sections 24-4-103(4) C.R.S., the following statement of basis and purpose. BASIS AND PURPOSE:
The FY-90 Intended Use Plan establishes the goals for the Water Pollution Control Revolving Fund (WPCRF) program and includes as its attachments - the FY-90 WPCRF Project Priority List, the Project Eligibility List, and a project status of those that are expected to proceed. On April 27, 1988, the Commission adopted regulations establishing a system for distributing monies from the WPCRF. Based upon those regulations as amended, the Commission adopts its priority list for FY-90 to include all projects that can reasonably be expected to receive funding. The Commission has applied the language of Section 5.2.5 of the WPCRF Rules in establishing the FY-90 priority list. The “A” portion of the list includes projects that have an approved facility plan and are ready to proceed. The “B” portion of the list are projects that should be ready to proceed in FY-90 and the “D” portion are those that need to begin the planning process.
52.11 STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY, AND PURPOSE (1990
The provisions of sections 25-8-202(1)(e) and (g); 25-8-308(1)(d); 37-95-107.6(4) C.R.S., provide the specific statutory authority for adoption of the attached regulatory amendments. The Commission also adopted, in compliance with sections 24-4-103(4) C.R.S., the following statement of basis and purpose. BASIS AND PURPOSE:
The FY-91 Intended Use Plan establishes the goals for the Water Pollution Control Revolving Fund (WPCRF) program and includes as its attachments - the FY-91 WPCRF Project Priority List, the Project Eligibility List, and a project status of those that are expected to proceed. On April 27, 1988, the Commission adopted regulations establishing a system for distributing monies from the WPCRF. Based upon those regulations as amended, the Commission adopts its priority list for FY-91 to include all projects that can reasonably be expected to receive funding. The Commission has applied the language of Section 5.2.5 of the WPCRF Rules in establishing the FY-91 priority list. The Commission also adopts the additions and modifications to the FY-91 Eligibility List to include projects from the priority list that are classified A and B and are ready to proceed with funding. The A portion of the list includes projects that have an approved facility plan and are ready to proceed. The “B” portion of the list are projects that should be ready to proceed in FY-91 and the “D” portion are those that need to begin the planning process.
52.12 STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY, AND PURPOSE (1991
The provisions of sections 25-8-202(1 )(e) and (g); 25-8-308(1 )(d); 37-95-107.6(4) C.R.S., provide the specific statutory authority for adoption of the attached regulatory amendments. The Commission also adopted, in compliance with sections 24-4-103(4) C.R.S., the following statement of basis and purpose. BASIS AND PURPOSE:
The Intended Use Plan (IUP) is presented to the Water Quality Control Commission each year for agency action and public comment The plan describes the intent of the Water Pollution Control Revolving Fund (WPCRF) for providing financial assistance to governmental agencies. Attached to the 1992 IUP as Appendix A is the statewide project priority list showing the current construction needs for point source wastewater treatment. Also attached as Appendix A-1 is the 1992 Eligibility List additions and modifications. The Eligibility List consists of projects from the priority list that have or will have approved facility plans during the 1992 funding year. Attachment B to the IUP is a chart depicting projects that are likely to be funded and their current status.
52.13 STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY, AND PURPOSE (1992
The provisions of sections 25-8-202(1 )(e) and (g); 25-8-308(1)(d); 37-95-107.6(4) C.R.S., provide the specific statutory authority for adoption of the attached regulatory amendments. The Commission also adopted, in compliance with sections 24-4-103(4) C.R.S., the following statement of basis and purpose. BASIS AND PURPOSE:
The Intended Use Plan (IUP) is presented to the Water Quality Control Commission each year for agency action and public comment. The plan describes the intent of the Water Pollution Control Revolving Fund (WPCRF) for providing financial assistance to governmental agencies. In addition to revising dates in the body of the IUP, there are two significant changes. The change in Section C was necessitated by EPA to correctly state that the 1% setaside for 208 planning comes from our total allotment and not from the Capitalization Grant. Section E depicts the new point criteria for Water Conservation.
Attached to the 1993 IUP as Appendix A is the statewide project priority list showing the current construction needs for point source wastewater treatment. Also attached as Appendix A-1 is the 1993 Eligibility List additions and modifications. The Eligibility List consists of projects from the priority list that have or will have approved facility plans or feasibility studies during the 1993 funding year. Attachment B to the IUP is a chart depicting projects that are likely to be funded and their current status.
52.14 STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY, AND PURPOSE (1993
The provisions of sections 25-8-202(1 )(e) and (g); 25-8-308(1 )(d); 37-95-107.6(4) C.R.S., provide the specific statutory authority for adoption of the attached regulatory amendments. The Commission also adopted, in compliance with sections 24-4-103(4) C.R.S., the following statement of basis and purpose. BASIS AND PURPOSE:
The Intended Use Plan (IUP) is presented to the Water Quality Control Commission each year for agency action and public comment. The plan describes the intent of the Water Pollution Control Revolving Fund (WPCRF) for providing financial assistance to governmental agencies. Attached to the 1994 IUP as Appendix A is the statewide project priority list showing the current construction needs for point source wastewater treatment. Also attached as Appendix A-1 is the 1994 Eligibility List additions and modifications. The Eligibility List consists of projects from the priority list that have or will have approved facility plans or feasibility studies during the 1994 funding year. Attachment B to the IUP is a chart depicting projects that are likely to be funded and their current status.
52.15 STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY, AND PURPOSE (1993
The provisions of sections 25-8-202(1 )(e) and (g); 25-8-308(1 )(d); 37-95-107.6(4) C.R.S., provide the specific statutory authority for adoption of the attached regulatory amendments. The Commission also adopted, in compliance with sections 24-4-103(4) C.R.S., the following statement of basis and purpose. BASIS AND PURPOSE:
The Colorado Project Eligibility List Fiscal Year 1994, Appendix A-1 (attached) was adopted by the Water Quality. Control Commission October 4, 1993. The Eligibility List is a required component of the Intended Use Plan (IUP) and has been amended for the following reason: The City of Fort Collins, Drake WWTP Project was listed on the FY 1993 Eligibility List, this project was included in the list of Deletion's from the FY 1994 Eligibility List because it was nearing construction completion. Since the City has been evaluating the option of utilizing the WPCRF for financing their metering program under the current project, the Commission has taken action to remove the City of Fort Collins from the Deletion list. This action will allow the City to remain on the FY 1994 Eligibility List and be eligible for additional funding. The change did not cause adverse impacts to any community listed on the FY 1994 Eligibility List.
52.16 STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY, AND PURPOSE (1994
The provisions of sections 25-8-202(1 )(e) and (g); 25-8-308(1 )(d); 37-95-107.6(4) C.R.S., provide the specific statutory authority for adoption of the attached regulatory amendments. The Commission also adopted, in compliance with sections 24-4-103(4) C.R.S., the following statement of basis and purpose. BASIS AND PURPOSE:
The Intended Use Plan (IUP) is presented to the Water Quality Control Commission each year for agency action and public comment. The plan describes the intent of the Water Pollution Control Revolving Fund (WPCRF) for providing financial assistance to governmental agencies. Attached to the 1995 IUP as Appendix A is the statewide project priority list showing the current construction needs for point source wastewater treatment. Also attached as Appendix A-1 is the 1995 Eligibility List additions and modifications. The Eligibility List consists of projects from the priority list that have or will have approved facility plans or feasibility studies during the 1995 funding year. Attachment B to the IUP is a chart depicting projects that could be funded from the WPCRF and includes their target date for a binding commitment.
The Commission held a formal public meeting on October 11, 1994 to adopt the 1995 IUP. The Environmental Protection Agency recommended several changes to the IUP prior to its formal adoption. Because of the comments, the Commission continued the hearing to November 15th. The following changes were made in conjunction with EPA's comments: Appendix B was revised to indicate binding commitments for potential projects to be funded during 1995; the explanation of all the appendices was added to the body of the IUP; Goal #8 was corrected; the first paragraph of part C was revised to clarify the administrative funds as well as the set aside for planning; the last change was to include the actual date of the public hearing for EPA. Additional comments were made regarding the goals and improvements as a planning document. These comments will be taken into consideration for the 1996 IUP.
The “Drake Facility” was added to the City of Fort Collins on the Eligibility list to clearly identify the project being funded.
52.17 STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY, AND PURPOSE (1995
The provisions of sections 25-8-202(1 )(e) and (g); 25-8-308(1 )(d); 37-95-107.6(4) C.R.S., provide the specific statutory authority for adoption of the attached regulatory amendments. The Commission also adopted, in compliance with sections 24-4-103(4) C.R.S., the following statement of basis and purpose. BASIS AND PURPOSE:
The Intended Use Plan (IUP) is presented to the Water Quality Control Commission each year for agency action and public comment. The plan describes the intent of the Water Pollution Control Revolving Fund (WPCRF) for providing financial assistance to governmental agencies. Attached to the 1996 IUP as Appendix A is the statewide project priority list showing the current construction needs for point source wastewater treatment. Also attached as Appendix A-1 is the 1996 Eligibility List additions and modifications. The Eligibility List consists of projects from the priority list that have or will have approved facility plans or feasibility studies during the 1996 funding year. Attachment B to the IUP is a chart depicting projects that are expected to be funded from the WPCRF and includes their target date for a binding commitment.
The Commission held a formal public meeting on October 10, 1995 to adopt the 1996 IUP; however, three communities requested that they be added to the IUP. The communities were Idaho Springs, Lochbouie and Superior. They were added along with the City of Rifle for final approval on November 13, 1995. The Environmental Protection Agency recommended several changes to the 1995 IUP. These recommendations have been incorporated into the 1996 IUP. The most significant changes have been made to the “goals and objectives”. The long and short term goals are now separate and have been revised to reflect the current WPCRF program needs.
52.18 STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY, AND PURPOSE (1996
The provisions of sections 25-8-202(1 )(e) and (g); 25-8-308(1 )(d); 37-95-107.6(4) C.R.S., provide the specific statutory authority for adoption of the attached regulatory amendments. The Commission also adopted, in compliance with sections 24-4-103(4) C.R.S., the following statement of basis and purpose. BASIS AND PURPOSE:
The Intended Use Plan (IUP) is presented to the Water Quality Control Commission each year for agency action and public comment. The plan describes the intent of the Water Pollution Control Revolving Fund (WPCRF) for providing financial assistance to governmental agencies. Attached to the 1997 IUP as Appendix A is the statewide project priority list showing the current construction needs for point source wastewater treatment. Also attached as Appendix A-1 is the 1997 Eligibility List additions and modifications. The Eligibility List consists of projects from the priority list that have or will have approved facility plans or feasibility studies during the 1997 funding year. Attachment B to the IUP is a chart depicting projects that are expected to be funded from the WPCRF and includes their target date for a binding commitment.
The Commission held a formal public meeting on October 7, 1996 to adopt the 1997 IUP. However, the Town of Berthoud and the City of Thornton requested that they be added to the IUP and the name of the “Erie Water and Sanitation District” was changed to the “Town of Erie”. These changes were made for final approval on January 13, 1997.
52.19 FINDINGS REGARDING BASIS FOR EMERGENCY RULE: JANUARY 13, 1997
The Commission held this emergency rulemaking hearing to add two communities to the Water Pollution Control Revolving Fund (WPCRF) fiscal year 1997 Intended Use Plan. The Town of Cheraw maintains and operates a non-discharging lagoon system. The water levels have risen to a point of topping the embankment, creating a surface discharge without a permit. It could potentially flow into the lake causing a public health hazard. The Town will need to start construction as soon as possible estimating the cost to be $200,000.
The City of Fruita is negotiating agreements with the Downer Subdivision and the J Road/Fruita Monument High School to provide wastewater treatment. These areas are on individual sewage disposal systems in high ground water, some are failing and some leech fields are reportedly in the flood plain of Little Salt Wash. The potential for public health concerns is high and the cost for constructing sewer lines to both areas is estimated at $210,000.
The Commission finds that the immediate adoption of the revised 1997 Intended Use Plan is necessary for the preservation of public health, safety or welfare and that compliance with normal notice requirements would be contrary to the public interest. If the two communities are not added to the Intended Use Plan's priority and eligibility lists at this time, funding would not be available to correct the public health issues until the spring of 1998.
52.20 STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY, AND PURPOSE (1996
The provisions of sections 25-8-202(1)(e) and (g); 25-8-308(1 )(d); 37-95-107.6(4) C.R.S., provide the specific statutory authority for adoption of the attached regulatory amendments. The Commission also adopted, in compliance with sections 24-4-103(4) C.R.S., the following statement of basis and purpose. BASIS AND PURPOSE:
The Commission held an emergency rulemaking hearing to add two communities 1o the Water Pollution Control Revolving Fund (WPCRF) fiscal year 1997 Intended Use Plan. The Town of Cheraw maintains and operates a non-discharging lagoon system. The water levels have risen to a point of topping the embankment, creating a surface discharge without a permit. It could potentially flow into the lake causing a public health hazard. The Town will need to start construction as soon as possible estimating the cost to be $200,000.
The City of Fruita is negotiating agreements with the Downer Subdivision and the J Road/Fruita Monument High School to provide wastewater treatment. These areas are on individual sewage disposal systems in high ground water, some are failing and some leech fields are reportedly in the flood plain of Little Salt Wash. The potential for public health concerns is high and the cost for constructing sewer lines to both areas is estimated at $210,000.
The Commission found that the immediate adoption of the revised 1997 Intended Use Plan was necessary for the preservation of public health, safety or welfare and that compliance with normal notice requirements would be contrary to the public interest. If the two communities are not added to the Intended Use Plan's priority and eligibility lists at this time, funding would not be available to correct the public health issues until the spring of 1998.
A noticed rulemaking hearing was conducted on April 14, 1997 to finalize this emergency action.
52.21 STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY, AND PURPOSE: JULY 1997
52.22 STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY, AND PURPOSE (1997
The provisions of sections 25-8-202(1 )(e) and (g); 25-8-308(1 )(d); 37-95-107.6(4) C.R.S., provide the specific statutory authority for adoption of the attached regulatory amendments. The Commission also adopted, in compliance with sections 24-4-103(4) C.R.S., the following statement of basis and purpose. BASIS AND PURPOSE:
The Intended Use Plan (IUP) is presented to the Water Quality Control Commission each year for agency action and public comment The plan describes the intent of the Water Pollution Control Revolving Fund (WPCRF) for providing financial assistance to governmental agencies. This year, the IUP also describes the intent for providing hardship grants to eligible communities and how the program may utilize funds from the WPCRF to the Drinking Water Revolving Fund.
Attached to the 1998 IUP as Appendix A is the statewide project priority list showing the current construction needs for all eligible water quality projects including point source wastewater treatment, nonpoint source, ground water, storm water, etc. Also attached as Appendix A-1 is the 1998 Eligibility List additions and modifications. The Eligibility List consists of projects from the priority list that have or will have approved planning documents during the 1998 funding year. Attachment B to the IUP is a chart depicting projects that are expected to be funded from the WPCRF and includes their target date for a binding commitment Attachment C is a list of projects that may be eligible for hardship grants. The Commission held a formal public meeting on Octobers, 1997 to adopt the 1998 IUP. There were no public comments received on the FY98 IUP which includes the new priority list for providing funds to expanded eligible projects. The Division requested that the Commission add Custer County/San Isabel to the project list during the approval process.
The Commission gave preliminary final approval to the revised version of the FY98 IUP which incorporates the addition of Custer County/San Isabel to the project list, the addition of Campo to Appendix C, the completion of the public comment section, the addition of section numbers to the document and the addition of a key to the letters used in the status column of the lists earlier in the document
52.23 STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY, AND PURPOSE (1998
The provisions of sections 25-8-202(1)(e) and (g); 25-8-308(1)(d); 37-95-107.6(4) C.R.S., provide the specific statutory authority for adoption of the attached regulatory amendments. The Commission also adopted, in compliance with sections 24-4-103(4) C.R.S., the following statement of basis and purpose. BASIS AND PURPOSE:
The Intended Use Plan (IUP) is presented to the Water Quality Control Commission each year for agency action and public comment. The plan describes the intent of the Water Pollution Control Revolving Fund (WPCRF) for providing financial assistance to governmental agencies. This year, the IUP also describes the intent to utilize funds from the WPCRF to the Drinking Water Revolving Fund. Attached to the 1999 IUP as Appendix A is the statewide project list showing the current construction needs for all eligible water quality projects including point source wastewater treatment, nonpoint source, ground water, and storm water. Also attached as Appendix A-1 is the 1999 Eligibility List additions and modifications. The Eligibility List consists of projects from the priority list that have or will have approved planning documents during the 1999 funding year. Attachment B to the IUP is a chart depicting projects that are expected to be funded from the WPCRF and includes their target date for a binding commitment. The Commission held a formal public meeting on October 13, 1998 to adopt the 1999 IUP. There were no public comments received on the FY99 IUP which includes the new priority list for providing funds to expanded eligible projects.
52.24 STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY, AND PURPOSE (1999
The provisions of sections 25-8-202(1)(e) and (g); 25-8-308(1)(d); 37-95-107.6(4) C.R.S., provide the specific statutory authority for adoption of the attached regulatory amendments. The Commission also adopted, in compliance with sections 24-4-103(4) C.R.S., the following statement of basis and purpose. BASIS AND PURPOSE:
The Intended Use Plan (IUP) is presented to the Water Quality Control Commission each year for agency action and public comment. The IUP describes the intent of the Water Pollution Control Revolving Fund (WPCRF) for providing financial assistance to governmental agencies. This year, the IUP also describes all funds available for administration and loan commitments from the WPCRF. There is no request for transferring funds in this IUP and the cross-collateralization section describes the benefits to the program for using this mechanism allowed by EPA.
Attached to the 2000 IUP as Appendix A is the statewide project list showing the current construction needs for all eligible water quality projects including point source wastewater treatment, nonpoint source, ground water, and storm water. Also attached as Appendix A-1 is the 2000 Eligibility List additions and modifications. The Eligibility List consists of projects from the list that have or will have approved planning documents during the 2000 funding year. Attachment B to the IUP is a chart depicting projects that are expected to be funded from the WPCRF and includes their target date for a binding commitment. The Commission held a formal public meeting on October 12, 1999 to adopt the 2000 IUP. There were no public comments received on the 2000 IUP which includes the project list for providing funds to expanded eligible projects.
52.25 FINDINGS AND STATEMENT OF BASIS FOR ADOPTION OF EMERGENCY REVISIONS TO
The Town of Gypsum is the subject of an enforcement order containing a construction completion deadline of December 31, 2000. The Town's wastewater treatment system experiences flows that require planning to upgrade and/or expand those treatment facilities. The Town needs funding that could be provided through the WPCRF in order to complete construction on a timely basis. Compliance with the procedures and notice requirements in § 24-4-103, C.R.S. (1999) would interfere with obtaining funding s0 that the Town can complete its obligations under the enforcement order. The Three Lakes Water and Sanitation District intends to upgrade its wastewater treatment system in order to attain water quality standards. The District's facility discharges to an unnamed tributary to Willow Creek, which is a segment listed under section 303(d) of the federal Clean Water Act. The Division is currently working on a Total Maximum Daily Load allocation on this segment. The allocation is scheduled for completion in June 2000. The District intends to meet the emerging limits for its facility by the end of the 2000 construction season. The District's project is on the WPCRF Project List and Fundable List for the year 2000. The project is not found on the Eligibility List due to a Division oversight in updating the status code to reflect the District's planning effort in progress. Compliance with the procedures and notice requirements in § 24-4-103, C.R.S. (1999) would delay attainment of the water quality standards in a stream segment listed pursuant to § 303(d) of the federal Clean Water Act. The Commission finds that immediate adoption of these revisions is imperatively necessary to preserve the public health, safety and welfare and that compliance with the requirements of § 24-4-103, C.R.S.
(1999) would be contrary to the public interest.
52.26 STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY, AND PURPOSE (May. 2000
The provisions of sections 25-8-202(1)(e) and (g); 25-8-308(1)(d); and 37-95-107 6(4) C.R.S., provide the specific statutory authority for adoption of the attached regulatory amendments. The Commission also adopted, in compliance with section 24-4-103(4) C.R.S., the following statement of basis and purpose. BASIS AND PURPOSE:
The Commission held this rulemaking hearing to make permanent changes adopted in an Emergency Rulemaking Hearing that was held on February 14, 2000.
These changes placed the Town of Gypsum and the Three Lakes Water & Sanitation District on the Eligibility List for FY 2000. The rationale for adding these entities to the list is discussed in the Findings and Statement of Basis for Adoption of Emergency Revision to Regulation No. 52, State of Colorado Fiscal Year - 2000 Water Pollution Control Revolving Fund (WPCRF) Intended Use Plan, section 52.25.
52.27 STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY, AND PURPOSE (2000
The provisions of sections 25-8-202(1)(e) and (g); 25-8-308(1)(d); 37-95-107.6(4) C.R.S., provide the specific statutory authority for adoption of the attached regulatory amendments. The Water Quality Control Commission (Commission) also adopted, in compliance with sections 24-4-103(4) C.R.S., the following statement of basis and purpose.
BASIS AND PURPOSE:
The Intended Use Plan (IUP) is presented to the Water Quality Control Commission each year for agency action and public comment. The IUP describes the intent of the Water Pollution Control Revolving Fund (WPCRF) for providing financial assistance to governmental agencies for water quality projects. The IUP also describes all funds available for program administration and loan commitments from the WPCRF. There is no request for transferring funds in this IUP, and the cross-collateralization section describes the benefits to the program of using that mechanism.
Attached to the 2001 IUP as Appendix A is the Project Eligibility List showing the current construction needs for all eligible water quality projects, including point source wastewater treatment, nonpoint source, ground water, and storm water. Attachment B to the IUP is a chart depicting projects that are expected to be funded from the WPCRF which includes their target date for a binding commitment. The Commission held a formal public hearing on October 10 and 11, 2000 at which time the State's FY 2001 IUP (Regulation No. 52) was adopted. There were no comments at the public hearing. However, there were written comments received by the Commission that: (1) requested a small change to the information on projects listed on the Eligibility List; and (2) supported adopting the FY 2001 IUP.
52.28 STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY, AND PURPOSE (2001
The provisions of sections 25-8-202(1)(e) and (g); 25-8-308(1)(d); 37-95-107.6(4) C.R.S., provide the specific statutory authority for adoption of the attached regulatory amendments. The Water Quality Control Commission (Commission) also adopted, in compliance with sections 24-4-103(4) C.R.S., the following statement of basis and purpose.
BASIS AND PURPOSE:
The Intended Use Plan (IUP) is presented to the Water Quality Control Commission each year for agency action and public comment. The IUP describes the intent of the Water Pollution Control Revolving Fund (WPCRF) for providing financial assistance to governmental agencies for water quality projects. The IUP also describes all funds available for program administration and loan commitments from the WPCRF. There is no request for transferring funds in this IUP, and the cross-collateralization section describes the benefits to the program of using that mechanism.
Attached to the 2002 IUP as Appendix A is the Project Eligibility List showing the current construction needs for all identified eligible water quality projects, including point source wastewater treatment, nonpoint source, ground water, and storm water. Attachment B to the IUP is a chart depicting projects that are expected to receive funding from the WPCRF. Attachment B also includes a target date for the project's binding commitment.
The Commission held a formal public hearing on October 9, 2001 at which time the State's FY 2002 IUP (Regulation No. 52) was adopted. There were no comments at the public hearing.
52.29 STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY, AND PURPOSE (2002
The provisions of sections 25-8-202(1)(e) and (g); 25-8-308(1)(d); 37-95-107.6(4) C.R.S., provide the specific statutory authority for adoption of the attached regulatory amendments. The Water Quality Control Commission (WQCC) also adopted, in compliance with sections 24-4-103(4) C.R.S., the following statement of basis and purpose.
BASIS AND PURPOSE:
The Intended Use Plan (IUP) is presented to the WQCC each year for agency action and public comment. The IUP describes the intent of the Water Pollution Control Revolving Fund (WPCRF) for providing financial assistance to governmental agencies for water quality projects. The IUP also describes all funds available for program administration and loan commitments from the WPCRF. Attached to the 2003 IUP as Appendix A is the WPCRF 2003 Project Eligibility List showing the current construction needs for all identified eligible water quality projects, including point source wastewater treatment, nonpoint source, ground water, and storm water. Attachment B to the IUP is a chart depicting projects that are expected to receive funding from the WPCRF. Attachment B also includes a target date for the project's binding commitment.
Approximately $223,980,000 in loans are expected to be provided to communities in 2003. Due to large number of projected loans the WQCD and the Authority is working with a stakeholders group to evaluate the feasibility of transferring funds from the Drinking Water Revolving fund to the WPCRF. Based on the outcome of the stakeholders meeting, the WQCC and the Board of Health's approval, a transfer of approximately $8 million dollars (including the state match) will be made from the Drinking Water Revolving Fund into the WPCRF in 2003.
52.30 STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY, AND PURPOSE (October. 2003) The provisions of sections 25-8-202(1)(e) and (g); 25-8-308(1)(d); 37-95-107.6(4) C.R.S., provide the specific statutory authority for adoption of the attached regulatory amendments. The Water Quality Control Commission (WQCC) also adopted, in compliance with sections 24-4-103(4) C.R.S., the following statement of basis and purpose.
BASIS AND PURPOSE:
The Intended Use Plan (IUP) is presented to the WQCC each year for agency action and public comment. The IUP describes the intent of the Water Pollution Control Revolving Fund (WPCRF) for providing financial assistance to governmental agencies for water quality projects. The IUP also describes all funds available for program administration and loan commitments from the WPCRF. Attached to the 2004 IUP as Appendix A is the WPCRF 2004 Project Eligibility List showing the current construction needs for all identified eligible water quality projects, including point source wastewater treatment, nonpoint source, ground water, and storm water. Attachment B to the IUP lists the additions and deletions made from the 2003 list. Attachment C summarizes the projects that are expected to receive funding from the WPCRF and the target date for loan closing. Projects totaling approximately $273,270,000 are expected to be considered in 2004. Due to large number of projected loans the agencies involved in the WPCRF worked with a stakeholders group to consider loan limits. In the past, the program has had sufficient loan capacity to fund all eligible requests. In 2004 it is expected that the WPCRF applications will exceed the projected 2004 ban capacity. Loan applications are currently submitted throughout the year making it difficult to apply our existing “Criteria and Methods for Distributing Funds” as described in the IUP and the WPCRF Rules (Regulation No. 51). The stakeholders group recommended implementing an application deadline (instead of loan limits) for all leveraged loans (projects over $1 million.) This approach will allow staff to fairly and consistently apply the “Criteria and Methods for Distributing Funds.” Therefore, the IUP has been revised to include an application deadline of February 1st and provide for a $4 million set-aside for direct loans (under $1 million.) Direct loans will not have an application deadline. The revisions adopted include a new “short term goal” in section 52.4(10) regarding efforts to develop a potential new, non-rulemaking procedure for annual approval of the Water Pollution Control Revolving Fund Intended Use Plan. The Commission is concerned that any alternatives to the current process that may be considered provide an open and adequate opportunity for public participation and include final approval by the Commission.
The WQCC held a formal public hearing on October 8, 2003 at which time the State's FY 2004 IUP (Regulation No. 52) was adopted. There were no comments at the public hearing. However, there were written comments received by the Commission that (1) made small changes to the information on the projects listed on the Eligibility List; (2) added language to the IUP regarding application deadlines and (3) supported adopting the FY 2004 IUP.