8/5/2010 SEWER COMMISSION Minutes

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because those particular projects on the Project Priority List are not ready to proceed. An important indicator of readiness to proceed is that a project has completed the State Environmental Review Process (SERF), 8.0 Project Bypass Procedure A project on the lUP Project Listing may be bypassed if MassDEP determines that the bypassed project will not be ready to proceed during the Funding period. Project(s)bypassed will be replaced by the highest ranked priority project(s) on the Project Priority List that are ready to proceed or the funds may be used for cost increases to other projects previously approved. As previously stated, complete project applications not received by MassDEP by October 15,2010 will be automatically considered for bypassing. 9.0 Certification for Priority To be considered for funding priority, communities must have appropriated the necessary local project funds or have committed to a schedule to obtain those funds by June 30,2010. Also,complete applications must be submitted to MassDEP at the earliest possible time, but not later than October 15, 2010. A complete application must contain the local funding authorization and the required supporting documentation. Any project not meeting these deadlines will be removed from the IUP Project Listing. All projects submitted for funding are reviewed to assure that they are consistent with existing state,regional, and local water resource and wastewater planning requirements. 10.0 Assurances and Special Conditions • Title VI of the Federal Clean Water Act(FWCA) and subsequent regulations and guidance require that the Commonwealth certify compliance with or acceptance of a number of conditions. These include the following: 602(a)--Environmental Reviews. All projects receiving funding during the 2010 Calendar Year will be required to complete environmental reviews. • 602(b)(3)--Binding Commitments. The Commonwealth will enter into binding commitments for 120 percent of each quarterly Federal payment within one year of receipt of that payment. • 602(b)(4)--Expeditious and Timely Expenditures. The Commonwealth will expend all funds in the SRF in a timely and expeditious manner. • 602(b)(5)--First Use for Enforceable Requirements. The Commonwealth will use funds first to assure maintenance of progress towards enforceable deadlines,goals and requirements of the CWA by providing funding to those projects on the National Municipal Policy list. The timing of that funding will be affected by enforcement schedules and a particular project's readiness for funding. The Commonwealth reserves the right to bypass a project that is not ready for financing in order to maintain its preceding two commitments. • 602(b)(7)--Compliance with Title H requirements. The Commonwealth agrees to meet the specific statutory requirements for publicly owned wastewater treatment projects constructed in whole or in part with funds directly made available by Federal capitalization grants.