The DEQ Water Quality Division Director shall conduct an interdisciplinary environmental review consistent with the National Environmental Policy Act of the project proposed for funding through the Drinking Water Treatment Revolving Loan Account (DWTRLA). This review will ensure that the project will comply with the applicable local, state and federal laws and DEQ regulations and procedures relating to the protection and enhancement of the environment. As necessary, the determination will include mitigative provisions as a condition of financial assistance for building and no financial assistance will be provided until a final environmental determination has been made. The DEQ will establish procedures for the environmental review process. Nothing in this Part shall prohibit any public, private or governmental party from seeking administrative or legal relief from the determinations of the DEQ.

1. (1) Basic environmental determination. There are three (3) basic environmental determinations that will apply to projects proposed to be implemented with assistance from the Drinking Water Treatment Revolving Loan Account. These are:

   1. (A) a determination to categorically exclude a project from a formal environmental review;
   2. (B) a Finding of No Significant Impact (FNSI) based upon a formal environmental review supported by an Environmental Information Document (EID); and
   3. (C) a determination to provide or not to provide financial assistance based upon a Record of Decision following the preparation of an Environmental Impact Statement (EIS).

2. (2) Other determinations that are available to the Water Quality Division Director. An applicant may request advance authority to construct part of the proposed water treatment project before completion of the necessary environmental review when the part of the project will:

   1. (A) immediately remedy a severe public health problem where violations of primary drinking water standards threaten health of the public,
   2. (B) not preclude any reasonable alternatives identified for the complete system,
   3. (C) not cause significant or indirect environmental impacts including those which cannot be acceptably mitigated without completing the entire project, and
   4. (D) not be highly controversial.

Added at 14 Ok Reg 1139, eff 3-18-97 (emergency)

Added at 14 Ok Reg 1690, eff 6-2-97

Amended at 15 Ok Reg 1957, eff 6-1-98

Amended at 25 Ok Reg 1140, eff 7-1-08