§ 16-1-303 — Account administration; board powers and duties; department powers and duties; water development office powers and duties; fiscal procedures

Wyoming § 16-1-303

• Jurisdiction: Wyoming
• Title 16: City, County, State and Local Powers
• Ch. 1: INTERGOVERNMENTAL COOPERATION
• Art. 3: STATE DRINKING WATER REVOLVING ACCOUNT

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(a) The board, the department and commission are
designated as the implementing and administrative agencies for
the drinking water state revolving account and shall jointly
develop a memorandum of understanding describing the duties and
responsibilities of each agency.
(b) The board, subject to select water committee review
and recommendation of projects, shall administer the account
including issuing loans and other forms of financial assistance
for purposes authorized in this article on the basis of a
priority listing of eligible projects. The board shall adopt
reasonable rules and regulations necessary to administer the
account within the requirements of this article, the Safe
Drinking Water Act and other federal and state laws, including
the content of applications, priority listing for use of funds
in accordance with requirements established in section
1452(b)(3) of the Safe Drinking Water Act (42 U.S.C. §
300j-12(b)), criteria for awarding, security, and terms and
conditions for making loans and providing financial assistance.
(c) The office of state lands and investments shall:
(i) Enter into an agreement with the federal
environmental protection agency regional administrator to
receive capitalization grants for the account;
(ii) Receive, review and make recommendations to the
board and the select water committee for approval of
applications for financial assistance from the account in
accordance with requirements established by the board for
publicly owned water systems of municipalities, counties, joint
powers boards, state agencies, and other entities constituting a
political subdivision under the laws of the state on forms
supplied by the office of state lands and investments;
(iii) Administer the account and administrative
account including processing and receiving capitalization
grants, the state match, financial assistance agreements,
repayments on all financial assistance and all other account
revenues;
(iv) Conduct and allow the federal environmental
protection agency to conduct an annual audit;
(v) Ensure that all publicly owned water systems
which are recipients of financial assistance from the account
demonstrate capacity development capabilities in compliance with
section 1420 of the Safe Drinking Water Act (42 U.S.C. §
300g-9). The department and the water development office shall
assist the office of state lands and investments by reviewing
and making determinations on the adequacy of water system
capacity development capabilities; and
(vi) Following public input and recommendations from
the water development office and department and upon review and
recommendation of the intended use plan and the project priority
list by the select water committee, the state loan and
investment board shall give final authorization and adoption of
the annual intended use plans and the final priority listing of
eligible projects.
(d) The board, as a condition to making a loan or other
financial assistance, may impose a reasonable administrative fee
or application fee that may be paid from the proceeds of the
loan or financial assistance or other available funds of the
applicant. These fees may be deposited into the administrative
account for purposes of payment of administrative costs of the
program.
(e) The department shall:
(i) Assist the office of state lands and investment
and the commission annually with the preparation and submission
to the federal environmental protection agency an intended use
plan and the priority listing of projects eligible to receive
assistance from the account which have been subject to public
comment and which identifies the intended uses of monies
available to the account;
(ii) Assist in the preparation and submission of a
biennial report required by the Safe Drinking Water Act;
(iii) Assist with the preparation and submission of
capitalization grant applications;
(iv) Provide input and assistance in the evaluations
on capacity development for water systems in accordance with
procedures adopted pursuant to this article;
(v) Provide operator certification and technical
competency for water systems in accordance with W.S.
35-11-302(a)(iv) to include all applicants for financial
assistance from the program; and
(vi) Ensure that all new or modified community water
systems and new or modified nontransient noncommunity water
systems commencing operation after October 1, 1999, demonstrate
capacity development capabilities and by October 1, 2001,
develop a strategy to assist all community and noncommunity
water systems in acquiring and maintaining capacity development
by adopting procedures governing capacity development in
compliance with section 1420 of the Safe Drinking Water Act (42
U.S.C. § 300g-9). The department shall adopt procedures to
accomplish this task and shall have the authority to require new
systems in noncompliance of capacity development capabilities to
take steps to correct inadequacies or cease water system
operations. The water development office shall assist the
department in the review and adequacy determinations of water
system capacity development capabilities.
(f) The commission shall:
(i) Evaluate engineering designs and studies and
provide the technical and administrative management of contracts
for all projects in accordance with requirements of this
article, state program, and the Safe Drinking Water Act;
(ii) Assist the office of state lands and investments
and the department annually with the preparation and submission
to the federal environmental protection agency an intended use
plan and the priority listing of projects eligible to receive
assistance from the account which have been subject to public
comment and which identifies the intended uses of monies
available to the account;
(iii) Provide input and assistance in the evaluations
of capacity development for water systems in accordance with
procedures developed as authorized by this article; and
(iv) Include in the commission's annual report to the
legislature, a report on the status of the drinking water state
revolving loan fund.
(g) The office of state lands and investments and all
recipients of financial assistance from the account shall
establish fiscal controls and accounting procedures in
compliance with the Safe Drinking Water Act.
(h) The office of state lands and investments shall
require as part of the application and approval process, that
all financial assistance applicants obtain or ensure the
certification of the operators of the publicly owned water
systems in accordance with department rules and regulations
prior to obtaining financial assistance approval.
(j) The select water committee shall review and recommend
for approval project applications submitted to the committee
pursuant to subsection (c)(ii) of this section.