6111.40 Application for moneys for the design, acquisition, construction, alteration, and improvement of treatment works.

A municipal corporation, a board of county commissioners, or a district created under Chapter 6101., 6115., or 6119. of the Revised Code, may apply to the director of environmental protection for moneys for the design, acquisition, construction, alteration, and improvement of treatment works to prevent the discharge of untreated or inadequately treated sewage, industrial wastes, or other wastes into waters of the state, including feasibility planning, engineering, architectural, legal, and fiscal studies, surveys, designs, plans, drawings, specifications, procedures, inspection, supervision, and other action necessary therefor. Upon receipt of an application the director shall make a finding on each of the following requirements:

(A) The project is in conformity with a comprehensive state plan of water pollution control;

(B) The applicant has agreed to pay the cost of completing the project not borne by the state or the federal government;

(C) The applicant has made provision satisfactory to the director ensuring proper and efficient operation and maintenance of the treatment works after completion of construction;

(D) The application and the project are in conformity with law and rules of the environmental protection agency.

If the director determines that all such requirements have been met, he shall approve the application and give it a priority in relation to other eligible projects on the basis of the importance of the project in water pollution control and financial needs of the applicant. Within the limits of available appropriations the director shall order that the applicant be paid the amount of money necessary to obtain the maximum federal grant under the "Federal Water Pollution Control Act." In such order the director may include conditions, and he may order payment of part of the amount, or parts to be paid upon various dates or stages of completion of the project.

The director may adopt rules for the administration and implementation of this section, including rules governing application requirements and reporting procedures, eligibility of applicants and projects, handling of moneys by the applicant and payment to contractors, determination of priority of projects, proportion of cost of a project to be paid by the state, and such other rules as may be necessary for administration and implementation of state and federal law and federal regulations affecting funds for water pollution control. In adopting rules concerning priority and amount of payments, the director may consider factors in the area to be served by the project, including population, family income, probable economic growth, degree and effects of water pollution, and probable future water pollution problems, and the director may consider financial need of the applicant. In adopting any rules the director shall provide for the most effective allocation of state funds in the prevention, control, and abatement of water pollution throughout the state.

Cite as R.C. § 6111.40

Effective Date: 07-01-1985 .