CWSRF Contacts

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DWIGHT BROWN
SRF Program Services Coordinator

518-402-6924

CWSRFinfo@efc.ny.gov

 

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Construction of Water Treatment Plant

Regulations

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The CWSRF is authorized through the CWA.  The CWSRF is administered in accordance with the New York State Water Pollution Control Revolving Fund regulations 6 Part 649 for the New York State Department of Environmental Conservation (DEC) and 21 Part 2602 for the New York State Environmental Facilities Corporation (EFC). The CWSRF program was created and is jointly administered by DEC and EFC pursuant to Chapter 565 of the Laws of 1989 and as further amended by Chapters 55 and 645 of the Laws of 1992.

The current DEC Part 649 CWSRF program regulations were effective January 26, 2011, the date the Notice of Adoption was published by the Department of State in the State Register.  

The current EFC Part 2602 CWSRF program regulations were effective January 26, 2011, the date the Notice of Adoption was published by the Department of State in the State Register. 

  Eligibility and Regulations

To receive funding under the Clean Water State Revolving Fund (CWSRF) the applicant and the project must both be eligible.  There are two types of funding sources available under the CWSRF program: loan financing and grant money under the Green Innovation Grant Program (GIGP).  The eligible applicant pool for each of these funding sources differs slightly.  The information provided on this page will help you to determine eligibility for SRF loans.  For information regarding GIGP, please refer to the Green Grants page of EFC's website.



Davis-Bacon Compliance Guidance

For projects receiving CWSRF and DWSRF assistance, federal labor laws regarding prevailing wages, hours of work, and rates of pay shall apply to construction carried out with assistance from the SRFs.  Recipients are responsible for Davis-Bacon requirements for contractors and subcontractors working on their projects.

  • Click HERE to view guidance regarding the Davis-Bacon Act requirements.

 

Project Scoring

  • Click HERE to view CWSRF Project Scoring Criteria.

 

Allowable Costs

 

American Iron and Steel Guidance

On June 10, 2014, the Water Resources Reform and Development Act amended the Clean Water Act to include permanent requirements for the use of American Iron and Steel products in projects receiving financial assistance through CWSRF assistance agreements. For more information, click HERE.

 


CWSRF Eligible Applicants for Loan Financing

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In accordance with the laws, rules, and regulations governing the CWSRF, projects defined as point source projects under Section 212 of the Clean Water Act (CWA) need to be publicly-owned. Therefore, projects such as wastewater treatment plants, sewers , and other point source projects need to be publicly-owned by a municipality defined in 6 NYCRR Part 649 as a town, village, city, county, public authority, public benefit corporation, or agency of the State of New York. 

The acquisition of land for the purpose of protecting water quality may be a non-point source project under Section 319 or a national estuary protection project under Section 320 of the CWA.  Municipalities and not-for-profit organizations which are qualified under Article 49 of the New York State Environmental Conservation Law are eligible applicants for qualified land acquisition projects.

Non-municipal entities may apply for financing CWSRF-eligible non-point source projects under Section 319 of the CWA, except for land acquisition projects for water quality protection, which only not-for-profit organizations may apply.  The eligible non-point source projects non-municipal applicants may apply for include, but are not limited to:  brownfield remediation, landfill leachate collection, storage and treatment, landfill gas collection, landfill capping, stormwater management, waterbody restoration, and failing decentralized septic systems.

Loan Financing for Eligible Projects

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There are three general categories of projects eligible for CWSRF financing:

The goal of the CWSRF is to fund projects whose purpose is to preserve, protect, or improve water quality.  Under the Clean Water Act, traditional water quality projects whose primary purpose is water protection have been eligible for CWSRF for the entire cost of the project.  For example, wastewater treatment facilities are traditional water quality projects and are eligible in their entirety.  "Non-traditional" projects with a primary purpose other than water quality may be partially eligible for CWSRF financing for the portion of the projects that is clearly related to the preservation, improvement, or protection of water quality.  Below are some issues that may affect the eligibility of all or a portion of a project:
  • Proposed point source facilities need to be municipally-owned to be eligible for CWSRF financing or for a GIGP grant. Public ownership means the municipality holds a valid fee simple title to, or other estate or interest in, the project site(s) including all necessary easements and rights-of-way. For land acquisition projects, not-for-profit organizations qualified under Article 49 of the Environmental Conservation Law are eligible applicants.
  • For projects with a mix of eligible and ineligible construction components, the eligible portion of the project costs will be prorated or computed by EFC staff.
  • CWSRF assistance may only be provided for projects that are consistent with applicable area-wide water quality plans.

  • The CWSRF can provide long-term financing for projects receiving third-party funding, for example, Rural Development or NYSDEC grants. CWSRF monies can be used for short-term financing of projects, if available.  Monies from long-term CWSRF funds cannot be used for projects that receive certain grants from USEPA (e.g., Section 319 grants).  Please contact EFC's Funding Coordinator for more information.

  • All costs of the project to be financed through the CWSRF or covered by a GIGP grant need to be documented. In general, the allowable costs include the costs associated with the planning, design, and construction of the water quality components of an eligible project.

Loan Financing & GIGP Projects That Are Not Eligible

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The following types of projects or project elements are not eligible for CWSRF financing or for a GIGP grant:
  • Water supply treatment and distribution system projects, except for the wastewater and waste solids components of these systems.  [Note: Water supply, treatment and distribution system projects are financed by the Drinking Water State Revolving Fund (DWSRF) which is administered by EFC and the New York State Department of Health];
  • Municipal solid waste projects except for the water quality components of these projects;
  • Lands and right-of-way easements are generally ineligible for point source projects except land integral to the waste treatment process or as noted for certain nonpoint source and estuary projects;
  • The legal, administrative, and engineering expense of defending against a state or federal enforcement action (such as a consent order); and
  • Routine operation and maintenance (O&M) costs of wastewater treatment facilities or general O&M costs such as staff salaries and fuel for equipment that are outside the scope of a capital project. This includes replacement and repair of minor equipment.