Clean Water Act sections 212, 319, and 320 provide the statutory authority for programs funded by the CWSRF. The CWSRF is authorized to provide financial assistance for the construction of publicly owned treatment works (sec. 212), the development and execution of state's comprehensive conservation management plans (sec. 319), and the development and execution of an estuary conservation and management plan (sec. 320).
Eligibility Eligible projects under CWA section 212 include the capital costs for the construction and maintenance of
publicly owned treatment works (POTWs). •
Wastewater collection and
treatment • Publicly owned municipal
stormwater projects •
Combined sewer overflow •
Sanitary sewer overflow • Water pipes, storage, and treatment systems •
Green infrastructure • Water quality portions of municipal
landfill projects •
Water conservation and reuse • Energy Conservation and Efficiency. Eligible projects under CWA section 319 (
nonpoint source projects) may include: • Agricultural
runoff • Leaking on-site
septic systems •
Stormwater runoff •
Brownfield contamination • Atmospheric deposition • Runoff from closed landfills • Leaking
underground storage tanks. CWA section 320 (estuary management) allows the CWSRF to fund publicly and privately owned projects, as long as the project is part of the state's Comprehensive Conservation Management Plan (CCMP) and is sanctioned in the plan. • Planting trees and shrubs within the watershed (
drainage basin) • Purchasing equipment required for the CCMP • Environmental clean-up • Development and initial delivery of educational programs. Projects must have a direct benefit to the
water quality of an estuary. This includes: • Protection of public water supplies • Protection and propagation of a balanced, indigenous population of
shellfish, fish, and wildlife • Actions that, in order to allow for recreational activities in and on water, require the control of point and nonpoint sources of pollution to supplement existing controls of pollution. In many cases, estuary level protection plans are combined with other elements of an overall project. Where the water quality portion of a project is clearly distinct from other portions of the project, only the water quality portion can be funded by the CWSRF. • Targeted to disadvantaged communities, though a waiver of the restriction may be granted. • An SRF program may refinance previously issued debt. ;Guarantees and insurances • Guarantees or insurance can be used where such assistance will result in improved credit market access or reduced interest rates. • The SRF program does not disburse funds for construction; such funds are procured by a borrower in the market. ;Guarantee SRF revenue debt • Section 603(d)(3) of the Act authorizes CWSRF's to guaranty debt. Guaranty powers increase the funding capacity of CWSRF's as well as decrease annual payments which utility ratepayers must pay for their wastewater projects. Guaranties work very much like municipal
bond insurance. • SRF programs may issue debt guaranteed by SRF funds. • The revenue generated is used to provide assistance to borrowers for eligible projects. • This greatly expands the capacity of a program in the near-term. ;Provide loan guarantees • Similar
revolving funds established by municipalities or inter-municipal agencies can receive loan guarantees. ;Additional Subsidization • Under certain conditions, CWSRF programs may provide up to a fixed percentage of their capitalization grants as additional subsidization in the form of principal forgiveness, negative interest rate loans, or grants. • The recipient must be a municipality or inter-municipal, interstate, or state agency. • Additional subsidization may only be used to help address affordability issues or to implement a process, material, technique, or technology that addresses water or energy efficiency goals; mitigates stormwater runoff; or encourages sustainable project planning, design, and construction. ;Earn Interest • CWSRFs may invest available funds in short-term investments. • All interest earnings must remain in the fund to be used for eligible purposes. == Return on federal dollar ==