Sec. 26.03.10.05. Priority List and Ranking System

A. The Department, once a year, shall rank separately applications for grants, loans, and loan guarantees. The Department shall consider the comments and recommendations provided by the State Clearinghouse's intergovernmental review in the ranking process.

B. The Department shall provide adequate notice and opportunity for public comment concerning the annual priority list.

C. The Department may change the ranking of projects as a result of public comment.

D. Upon recommendation of the Secretary, the Board of Public Works may award financial assistance for projects not included on the annual priority list, if it determines that:

(1) The project is the result of an unanticipated immediate need; and

(2) Serious damage to public health or the environment would result if approval of the project is delayed until after the next annual priority list is prepared.

E. Priority Rankings.

(1) Priority rankings shall be determined by a scoring system based on weighted scores. Highest scores will receive the highest priority ranking.

(2) If a tie exists, preference shall be given to correction of the most severe public health or environmental problem as determined by the Department.

F. Scoring System. Scores assigned to each category are as follows:

(1) Category I--Public Health and Environmental Impacts (Points Available in Each Sub-Category).

(a) Facility described in the application for assistance is:

(i) Causing an increase in waters of the State, of at least one order of magnitude in any three key chemical parameters, as specified by the Department; or

(ii) Not in compliance with 40 CFR §257.3-3, which is incorporated by reference. Maximum points under §F(1) ----------------------------------- 100.

(b) Facility is not in compliance with at least one of the criteria in 40 CFR 257 (except part 257.3-3), 10 points for each criterion listed there, maximum of ------------ 100.

(2) Category II - Problem Prevention (Points Available in Each Sub-Category).

(a) Aggregate life of all solid waste disposal facilities within the applicant's jurisdiction is less than 3 years for the principal type of solid waste to be accepted at the facility described in the application for assistance ------------- 100;

(b) The percentage of the jurisdiction's solid waste disposal capacity provided by the facility described in the application for assistance is:

(i) 75-100 ---------------------------------------------- 100,

(ii) 50-74 ----------------------------------------------- 75,

(iii) Less than 50 ---------------------------------------- 50;

(c) The percentage of the jurisdiction's solid waste processing capacity provided by the facility described in the application for assistance is:

(i) 75-100 ----------------------------------------------- 75,

(ii) 50-74 ----------------------------------------------- 50,

(iii) Less than 50 ---------------------------------------- 25.

(3) Category III - Previous Efforts by the Applicant to Solve the Problem (Points Available in Each Sub-Category). Points will be assigned to reflect previous efforts made by the applicant to correct the problem as follows:

(a) Development of scope of work ---------------------------- 20;

(b) Preparation of plans and specifications ----------------- 20;

(c) Certification by applicant that federal, local, and private funding sources have been solicited ------------------- 40;

(d) Certification by applicant that equipment has been purchased or reasonable attempts have been made to effect the necessary improvements ------------------------------ 20.

(4) Category IV - Applicant's Financial Capability. The financial capability of applicants will be assessed based on a comparison of median household income within the total areas to be served. Points will be assigned as follows:

(a) Application is for loan guarantee ----------------------- 25.

(b) Table 3. Financial Capability.

Median Income ($)	Points
0-5,000	100
5,001-10,000	90
10,001-15,000	80
15,001-20,000	70
20,001-25,000	60
25,001-30,000	50
30,001-plus	0

G. Ordinary operating expenses of local government, for example, salaries, are not eligible for funding under this chapter.