A. In addition to other powers and duties provided by law, the Department of Environmental Quality shall have the power and duty to:

1. Prepare and maintain the priority list for treatment works;

2. Review and assess the planning documents for and cost effectiveness of drinking water treatment projects on the priority list;

3. Determine drinking water treatment project feasibility and the entities' eligibility to receive funding from the Drinking Water Treatment Revolving Loan Account;

4. Determine which projects should be referred to the Board for loans from the Drinking Water Treatment Revolving Loan Account;

5. Perform any required environmental review and make any required environmental determinations in accordance with any necessary environmental review process approved by the Environmental Protection Agency;

6. Provide oversight and technical assistance during the planning, design, and construction phase of the drinking water treatment project for which the entity is applying for such loan;

7. Be the instrumentality to make application to the Environmental Protection Agency for the capitalization grant and enter into the capitalization grant agreement, and be the recipient of the capitalization grant; and

8. Assess the technical capability of an applicant to ensure compliance with the federal Safe Drinking Water Act over the long term.

B. In determining the cost effectiveness of any drinking water treatment project, the Department shall require the preparation of a cost effective analysis of feasible drinking water treatment or conveyance alternatives capable of meeting state and federal drinking water standards and public health requirements while recognizing environmental and other nonmonetary considerations determined to be relevant by the Department.

Added by Laws 1994, c. 191, § 5, eff. July 1, 1994. Amended by Laws 1997, c. 186, § 3, emerg. eff. May 15, 1997.