PURPOSE: This rule sets forth the requirements and process of application for storm water grants for construction of storm water control facilities and the terms and conditions for receipt of the grant as revised. This rule also clarifies the requirements, the types of facilities eligible for grant funds and the grant amount available for eligible grantees.

1. (1) Applicability. This rule defines the minimum requirements which apply to all recipients of assistance under the state storm water grant program. The recipient must satisfy more stringent requirements if required to do so by state or local statutes, policies, rules, ordinances or orders.

2. (2) Definitions.

   1. (A) Storm water coordinating committee (SCC). If section 644.031, RSMo allows discretion on distributing funds among local governments, a local committee or group involved in project screening and project selection. In Kansas City, the SCC shall consist of a committee or organizational unit designated by the city manager of Kansas City. In St. Louis City and County, the SCC shall consist of a committee or organizational unit designated by the executive director of the Metropolitan St. Louis Sewer District. In all eligible counties as defined by section 644.031, RSMo, except St. Louis County, an SCC must be established which is representative of the county government and incorporated municipalities within the county.
   2. (B) Force Account. Project design, construction or engineering inspection work performed by the recipient’s regular employees.
   3. (C) Limited structural approach. Those methods which include, but are not limited to, reduction of flows, removal of structures, use of natural vegetation, or a combination of these, to achieve a safe, aesthetically acceptable control of surface water runoff, and methods and management practices which improve the quality of surface water runoff.

3. (3) General Requirements.

   1. (A) Jurisdictional Requirements. Storm water funds may be used for storm water projects in any county, or city or as designated in section 644.031, RSMo.
   2. (B) Project Selection. Storm water applications shall be submitted to the Department of Natural Resources (DNR) and postmarked by October 1 of the fiscal year for which funds are sought. The department will review the applications and submit then to the commission for approval no later than April 1 of the fiscal year.
   3. (C) Allocation of Appropriations. Original storm water appropriations and funds subject to reallocation will be allocated to each eligible storm water area by a percentage based on the population of the qualifying city or county in relation to the total population of all eligible cities and counties. The most recent federal decennial census will be used for all population statistics. The funds for cities and unincorporated areas within the Metropolitan St. Louis Sewer District (MSD) shall be awarded to the sewer district. The amount of this award will be based on the total population of incorporated and unincorporated areas within the district, if required by section 644.031, RSMo, the MSD will further divide these funds proportionally by population to these incorporated and unincorporated areas. Funds for unincorporated areas of St. Louis County and cities outside the MSD will be allocated in accordance with section 644.031, RSMo.

   4. (D) Storm water funds allocated under subsection (3)(C) will be reallocated according to the percentage method contained in subsection (3)(C) if they meet the following criteria:

      1. 1. All storm water funds which are not

awarded to projects within twelve (12) months of the original appropriation or reallocation; or

1. 2. All storm water funds awarded to pro-

jects which fail to have all significant construction contracts awarded within eighteen (18) months of the original appropriation or reallocation or, if used for a study or plan, fail to expend all moneys for such study within two (2) years of the appropriation.

1. (E) Planning Requirements. All storm water projects must be consistent with a comprehensive storm water drainage plan approved by the department prior to construction advertising. The plan must include a comprehensive evaluation of the drainage areas, the current problems, recommendations, benefits that will result from the proposed projects and the effects each will have on downstream areas. Projects which are solely for bank stabilization or erosion control need only provide the items listed in paragraphs (3)(E)2. and 4. The study should include, but is not limited to:

   1. 1. A detailed map of the drainage area

showing computed drainage acreages;

1. 2. A narrative, a plan layout and esti-

mated construction costs for each proposed project;

1. 3. Tabulated storm water conceptual

design parameters for each drainage area, that is, upstream acres, runoff coefficients, time concentrations, return frequencies and so forth. Computer modeling information may be provided;

1. 4. A recommended project improvement

priority list; and

1. 5. A determination of the flood elevation

changes resulting from each project. An evaluation of limited structural approaches to storm water control.

1. (4) Application Documents. Prior to grant award, the applicant must submit a completed storm water grant application to the department. The following documents must be submitted and approved by the department prior to construction advertising. Some documents may be waived by the department on a case-by-case basis if it is determined they are not required for that project:

   1. (A) The following documents are required for a project which includes design and construction:

      1. 1. Construction plans, specifications and

design criteria;

1. 2. A storm water plan prepared accord-

ing to the requirements of subsection (3)(E);

1. 3. Certification by the applicant that the

facilities, when completed, will be owned, operated and maintained by a political subdivision eligible under subsection (3)(A) of this rule;

1. 4. Certification by the applicant that

contract documents and construction bidding will conform to relevant local and state laws;

1. 5. Certification by the applicant that all

necessary easements and land have been or will be obtained prior to construction start;

1. 6. Certification by the applicant that the

applicant will construct the project or cause it to be constructed to final completion in accordance with the certified plans and specifications;

1. (B) The following documents must be submitted for all storm water grant projects including grants for planning:

   1. 1. Certification by the applicant that all

state storm water grant funds will be expended solely for carrying out the approved grant project;

1. 2. Certification by the applicant that a

registered professional engineer has been selected and will perform the services required in section (8) of this rule;

1. 3. Certification by the applicant that the

local match is available; and

1. 4. Certification by the applicant that any

required section 404 dredge and fill permits from the United States Army Corps of Engineers will be obtained prior to construction.

1. (5) Eligible Project Costs. Eligible costs include, but are not limited to, the following:

   1. (A) Engineering costs for design;
   2. (B) Costs for construction-related engineering;
   3. (C) Construction costs;
   4. (D) Land purchase or easement costs required for storm water holding basins, grass-lined channels or for other limited structural storm water control projects;
   5. (E) Costs of force account work for design, construction and construction engineering;
   6. (F) Demolition costs of structures located within storm water control areas provided future development in the storm water control area is restricted by ordinance;
   7. (G) Costs for development of a comprehensive storm water control plan meeting the requirements of subsection (3)(E); and
   8. (H) Costs not included in subsections (5)(A)–(G) are eligible if determined by the department to be necessary for the project.

2. (6) Ineligible Project Costs. Ineligible costs include, but are not limited to, the following:

   1. (A) Projects which convey storm water to sinkholes or which modify sinkholes to increase storm water capacity;
   2. (B) Local government administration or legal costs, including appraisals;
   3. (C) Land purchase or easement costs other than those listed in subsection (5)(D);
   4. (D) Finance costs for the local share or interest costs during construction;
   5. (E) Project signs for information to the public but not related to traffic safety; and
   6. (F) Items related to photographing or filming a project for possible complaint mitigation.
3. (7) Grant Amount. The maximum grant is limited to eighty percent (80%) of the total eligible project costs or available funds, whichever is less. The recipient must provide the remaining amount needed to complete the project. 10 CSR 20-4

4. (8) Engineering Requirements.

   1. (A) A registered professional engineer must prepare the storm water plan and/or design all plans and specifications for competitive bidding and compliance with generally accepted storm water design criteria.
   2. (B) A registered professional engineer or a person under the direction and continuing supervision of a registered professional engineer must provide inspection of construction for the purpose of assuring compliance with the approved plans and specifications.

5. (9) Bidding Requirements. This section applies to procurement of construction equipment, supplies and construction services in excess of twenty-five thousand dollars ($25,000) awarded by the recipient for any storm water project other than costs directly related to force account work.

   1. (A) Each contract shall be awarded after formal advertising.
   2. (B) Contract award shall be to the lowest responsive and responsible bidder.
   3. (C) Departmental concurrence with contract award must be obtained prior to the actual contract award if fewer than three (3) bidders submit bids or if the recipient wishes to award the contract to other than the low bidder. The recipients shall forward the tabulation of bids and a recommendation of contract award to the department for review.

6. (10) Grant Payments.

   1. (A) Payments will be made in no more than two (2) installments.

      1. 1. A first payment may be made when

not less than fifty percent (50%) of the construction of the project is completed.

1. 2. A second payment may be made

when the project is completed and approved by the department.

1. (B) Payments at no time shall exceed eighty percent (80%) of the eligible project cost incurred at the time payment is requested.
2. (C) Any cost of work completed after the final inspection by the department shall not be considered as part of the eligible project cost.
3. (D) An audit to verify expenditure of grant funds may be made after final payment.

1. (11) Withdrawal of Grant Offer. The grant offer will be withdrawn and funds reallocated if the applicant fails to obtain MDNR approval for all required documents listed in subsections (4)(A) and (B) prior to contract advertisement.

AUTHORITY: sections 644.026 and 644.031, RSMo 1994.* Original rule filed Sept. 1, 1989, effective Jan. 12, 1990. Amended: Filed April 2, 1990, effective Sept. 28, 1990. Amended: Filed Sept. 4, 1991, effective Feb. 6, 1992. Amended: Filed Nov. 14, 1995, effective July 30, 1996.

*Original authority: 644.026, RSMo 1972, amended 1973, 1987, 1993 and 644.031, RSMo 1977, 1989.