CHAPTER 76

FORMERLY SENATE BILL NO. 143

AS AMENDED BY SENATE AMENDMENT NO. 3

AN ACT TO AMEND TITLE 29, DELAWARE CODE, CHAPTER 80, BY CREATING A NEW SUBSECTION RELATING TO THE POWERS AND DUTIES OF THE SECRETARY OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL TO MAKE GRANTS FOR THE CONSTRUCTION OF WATER POLLUTION CONTROL FACILITIES.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Title 29, Delaware Code, Chapter 80, is hereby amended by adding a new Subsection (k) to § 8003 as follows:

(k) The Secretary is empowered to administer and distribute funds in the form of grants to qualified agencies for the construction of water pollution control facilities from such funds as may be appropriated from time to time for this purpose.

(I) Definitions:

(i) "Qualified agency" as used in this subsection shall mean any legally incorporated town or city, levy courts or other governments of the counties or sewer districts authorized by law and organized to provide publically owned and operated water pollution control facilities.

(ii) "Water pollution control facilities" as used in this subsection shall mean engineering services rendered in the design and construction of the project, waste water treatment plants, intercepting sewers (collection system excluding house connections), repair of streets damaged in the construction process, or any other necessary appurtenances required by the Department for proper operation of the system.

(2) The Secretary shall develop procedures for the administration and distribution of grants. A qualified applicant proceeding with the construction of water pollution control

facilities shall receive a minimum of 25% of the costs determined to be eligible by the Secretary and the Federal Water Pollution Control Administration for those projects that receive aid from the Federal Water Pollution Control Administration pursuant to Public Law 660, but in no case shall the grant of State Funds be more than 331/3% of the total cost of the water pollution control facilities. The acquisition of real property shall not be an eligible project cost. In compiling these costs no deduction shall be made for any Federal grant of funds for the project.

(3) All projects for which contracts for the start of construction were awarded since January 1, 1970 shall be eligible for grants under this program.

(4) All projects receiving grants shall conform with an abatement plan approved by the Secretary.

(5) (a) Before any funds can be expended under this subsection, the Secretary shall, as often as he sees fit, but at least annually, submit to the Council on Environmental Control a list of priorities consisting of all proposed water pollution control facility projects which he approves; each project appearing in order according to the Secretary's view of the priority each should be given in relation to other proposed projects.

(b) The Said Council shall not hold a public hearing concerning the priority assigned to the proposed projects, at which hearing any interested person may be heard. After said hearing, the said Council shall then review, comment upon, approve or rearrange the priority assigned to each proposed project. In the event the said Council rearranges the priorities assigned to the proposed projects, then the Secretary shall expend the moneys under this subsection for the proposed projects in order of their priority as rearranged by said Council.

(c) Should the Council fail to make comments, approve, or rearrange the Secretary's list of priorities within thirty (30) days of its submission to the Council, or should it approve the Secretary's list of priorities as submitted, the list of priorities shall be deemed approved as submitted, and the Secretary may expend funds hereunder as he had proposed; provided that the Secretary may revise his own list of priorities under this section at any time with the consent and approval of the Council.

(d) "List of priorities" as the term appears in this subsection shall mean an enumeration of proposed projects for the construction of water pollution control facilities, compiled in descending order according to their importance and feasibility.

Approved May 18, 1971.