§ 17-1409. State assistance for non-agricultural nonpoint source

abatement and control projects.

1. Subject to the availability of funds appropriated therefor, a
matching grant program is established to fund the costs of implementing
nonpoint source abatement and control projects that meet the following
criteria:

a. the project must consist of activities and projects which will
significantly reduce, abate or control nonpoint source pollution
originating from non-agricultural activities;

b. the project must be proposed for implementation by a municipal
corporation, or by a district at the formal request of such corporation;

c. the project must be located within a water body identified by the
commissioner, pursuant to section 17-1407 of this title;

d. the project must propose to implement best management practices
which meet the criteria promulgated pursuant to section 17-1411 of this
title; and

e. the municipal corporation must have funds available to pay for its
share of the eligible project costs.

1-a. Subject to the availability of funds appropriated therefore, a
matching grant program is established to fund the cost of comprehensive
watershed based water quality management designed to address the
reduction and control of nonpoint source pollution and the improvement
of water quality in a water body or water bodies identified on the
prioritized list developed pursuant to section 17-1407 of this title.

2. Applications for matching grants shall contain the following
information:

a. the name and location of the water body and the nonpoint source
problem to be addressed;

b. for projects described in subdivision one of this section, an
identification of the best management practice to be implemented;

c. a cost estimate for the proposed project;

d. the source of funds available to pay for the non-state share of the
eligible costs;

e. information sufficient to demonstrate that the criteria set forth
in subdivision one of this section have been met; and

f. such other information as may be required by the commissioner
through regulations.

3. In awarding grants pursuant to this section, the commissioner shall
give preference to those projects located or designed to address water
quality concerns for in the highest priority water bodies identified
pursuant to section 17-1407 of this title.

4. Eligible costs that may be funded pursuant to this section are
architectural and engineering services, plans and specifications,
consultant and legal services and other direct expenses related to
comprehensive watershed based water quality management and project
implementation.

5. Matching grants awarded pursuant to this section shall be up to
seventy-five percent of the eligible costs for any specified project.

6. Notwithstanding any other provision of law to the contrary, storm
water discharges of a municipality permitted pursuant to title seven or
eight of this article shall be treated as a non-agricultural nonpoint
source for the purpose of qualifying for funding pursuant to this
section.