CHAPTER 176

FORMERLY

SENATE BILL NO. 242

AN ACT TO AMEND CHAPTER 80, TITLE 29, DELAWARE CODE, RELATING TO GRANTS TO QUALIFIED AGENCIES FOR THE CONSTRUCTION OF TREATMENT WORKS.

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

Section 1. Amend §8003 (k) of Chapter 80, Title 29, Delaware Code by striking said section in its entirety and inserting in lieu thereof a new subsection (k) to read as follows:

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

(1) Definitions

(a) "Council" shall mean the Council on Environmental Control.

(b) "Department" shall mean the Department of Natural Resources and Environmental Control.

(c) "Inflow and Infiltration" shall mean any rainwater, melted snow, ground water or stream water entering a sanitary sewer system designed to transport sewage and industrial wastes only.

(d) "Qualified Agency" shall mean any legally incorporated town or city, levy courts, or other governments of the Counties, State agencies, sewer districts authorized by law and organized to provide publically owned and operated treatment works.

(e) "Secretary" shall mean the Secretary of the Department of Natural Resources and Environmental Control or his duly authorized representative.

(f) "Treatment Works" shall mean any device and system used in the storage, treatment, recycling, and reclamation of municipal sewage, or industrial wastes of a liquid nature, or necessary to recycle or reuse water at the most economical cost over the estimated life of the works, including intercepting sewers, outfall sewers, sewage collection systems, pumping, power, and other equipment, and their appurtenances; extensions, improvements, remodeling, additions, and alterations thereof ; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities, and improvements to exclude or minimize inflow and infiltration.

(2)Treatment Works Projects.

(a) The Secretary shall promulgate procedures for the administration and distribution of grants.

(b) The State's share of any treatment works shall be a minimum of 25% of the eligible costs as determined by the Environmental Protection Agency pursuant to Section 8, 33 U.S.C., 466 et. seq. only if

(i) the treatment works, having received federal approval, has awarded contracts for start of construction after January 1, 1970 or

(ii) the treatment works has received a grant offer from the Environmental Protection Agency prior to October 18, 1972.

(c) The State's share of any treatment works which has received a grant offer from the federal government pursuant to Section 202 of PL 92-500 shall be a minimum of 10% of the treatment works cost. The acquisition of real property shall not be included in the project cost.

(d) The State's share of any treatment works may be reduced by the Secretary if the cumulative share of state and federal grants exceed 85% of the total treatment works costs.

(e) The Secretary may, with the consent of the Governor, make emergency grants and/or loans to any treatment works if the qualified agency demonstrates, to the satisfaction of the Secretary, the need for such funds. No project shall receive more than 33-1/3 percent of the total project cost as state grants except as provided in 3 (b) (ii).

(f) No treatment works project shall receive a state grant unless it is certified by the Secretary to receive priority for funding based on the priority list.

(3) Inflow and Infiltration Control.

(a) The Secretary shall promulgate procedures for making grants to qualified agencies for the purpose of reducing infiltration and inflow into existing sewer systems.

(b) No inflow and infiltration reduction project shall receive more than ;

(i) 10% of the costs of such a project if the project also receives a federal grant.

(ii) 50% of the costs of such a project if (a) the project is required by the Department to improve the performance of the sewerage system and (b) federal funds are not available.

() The cost of legal, engineering, and administrative services, and the cost of television inspection shall be included in the cost of the inflow and infiltration reduction project.

(4) Priority List.

(a) The Secretary shall, at least annually, submit to the Council on Environmental Control a list of treatment works projects and inflow-infiltration reduction projects. The list shall be comprised of applications submitted by qualified agencies pursuant to procedures promulgated by the Secretary and arranged in an order of priority.

(b) The Council shall hold a public hearing on the list submitted by the Secretary. The Council shall review the testimony received and comment upon, approve or rearrange the priority list. While rearranging the priority list, the Council shall give due recognition to regulations promulgated by the Department and the U.S. Environmental Protection Agency. The Secretary shall make grants utilizing the priority list and all applicable procedures and regulations.

() The Secretary's list shall become the approved list if the Council fails to hold a hearing, comment upon, approve or rearrange the list within thirty (30) days of submission to the Council.

(5) Appropriations and Disbursements,

(a) The Secretary may allocate up to 15% of the total funds appropriated by the General Assembly for State grants to fund projects specified in §8003 (k) (3).

Approved July 11, 1973.