SECTION 252:633-3-4. DWSRF Project Priority System

(a)   Preparation. The DEQ shall prepare and maintain a current Project Priority List which ranks projects according to this priority ranking system.

(1)   Priority for the use of the DWSRF funds shall be given to projects that:

(A)   address the most serious risk to human health;

(B)   are necessary to ensure compliance with the requirements of the Safe Drinking Water Act Amendments of 1996; and

(C)   assist systems most in need, on a per household basis.

(2)   Applicants shall be ranked according to the system in Appendix A of these rules with the projects ranked by points (the project with the most points) shall be first on the Project Priority List; the project with the least points shall be last.

(b)   Public participation. The DEQ shall ensure that there is adequate public participation on the DWSRF Priority Ranking System and the Project Priority List. A public meeting shall be held to discuss the DWSRF IUP, the Project Priority List and any revisions that were made to the DWSRF Project Priority System. These public participation procedures shall follow the Oklahoma Administrative Procedures Act. The notice of public meeting shall precede the public meeting by 30 days and shall be published in a statewide publication. At the time of the publication of the notice, the DEQ shall circulate information about the IUP and the Project Priority List including a description of each proposed project. Attendees of the public meeting will be allowed to express their views concerning the Project Priority List and the priority ranking system. A 30-day public comment period shall follow the meeting.

(c)   Project Priority List. A Project Priority List shall become effective and supersede all previous lists upon completion of the public participation procedures. A Project Priority List, as updated during the funding year, shall remain effective until such time as it is superseded by a new list.

(1)   Additional allotments. Any sum made available to the DEQ by reallotment or the release of funds that were previously obligated shall follow these procedures.

(2)   Project removal. The DEQ may remove a project from the Project Priority List when the project has been funded, is found to be ineligible, the applicant does not intend to continue in the DWSRF, or the OWRB has determined that the applicant does not have financial capability to qualify for funding. The applicant whose project is affected shall be given a written notice that the project is to be removed from the list.

(3)   Amount of financial assistance. The amount of financial assistance shall be the sum of the total eligible costs related to construction. The amount is contingent upon the availability of funds for this purpose.

(4)   Addition of new projects to the Project Priority List. The applicant must submit a request to the DEQ, including project description, estimated funds to be requested and a schedule for the proposed project to be included on the Project Priority List. The DEQ will evaluate the request for eligibility, and if it is determined that a project is inconformance with DWSRF requirements, the potential project will be ranked and added to the Project Priority List.

[Source: 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]