§ 113A-254. Grant requirements.
§ 113A‑254. Grantrequirements.
(a)       EligibleApplicants. – Any of the following are eligible to apply for a grant from theFund for the purpose of protecting and enhancing water quality:
(1)Â Â Â Â Â Â Â A State agency.
(2)Â Â Â Â Â Â Â A local governmentunit.
(3)Â Â Â Â Â Â Â A nonprofit corporationwhose primary purpose is the conservation, preservation, and restoration of ourState's environmental and natural resources.
(a1)     Criteria. – Thecriteria developed by the Trustees under G.S. 113A‑256 apply to grantsmade under this Article. The common criteria for water projects set in G.S.159G‑23 and the criteria set out in this section also apply to wastewatercollection system projects, wastewater treatment works projects, and stormwaterquality projects. An application for a wastewater collection system project ora wastewater treatment works project that serves an economically distressedlocal government unit has priority.
(b)       MatchingRequirement. – The Board of Trustees shall establish matching requirements forgrants awarded under this Article. This requirement may be satisfied by thedonation of land to a public or private nonprofit conservation organization asapproved by the Board of Trustees. The Board of Trustees may also waive therequirement to match a grant pursuant to guidelines adopted by the Board ofTrustees.
(c)       Restriction. – Nogrant shall be awarded under this article to satisfy compensatory mitigationrequirements under 33 USC § 1344 or G.S. 143‑214.11.
(d)       Wastewater Limits.– A wastewater collection system project or a wastewater treatment worksproject is eligible for a grant under this Article only if it is a high‑unit‑costproject, as defined in G.S. 159G‑20. A planning grant or a technicalassistance grant for a regional wastewater collection system or a regionalwastewater treatment works is not subject to the high‑unit‑costthreshold. A grant made under this Article for a wastewater collection systemproject or a wastewater treatment works project is subject to the cost limitsand recipient limits set in G.S. 159G‑36 for a grant awarded from theWastewater Reserve.
(e)       Stormwater Limits.– The amount of a grant awarded under this Article for a stormwater qualityproject may not exceed the construction costs of the project. The total amountof grants awarded under this Article to the same recipient for stormwaterquality projects for a fiscal year may not exceed the limit set in G.S. 159G‑36(c)(1)for grants to the same recipient from the Wastewater Reserve.
(f)        Withdrawal. – Anaward of a grant under this Article is withdrawn if the grant recipient failsto enter into a construction contract for the project within one year after thedate of the award, unless the Trustees find that the applicant has good causefor the failure. If the Trustees find good cause for a recipient's failure, theTrustees must set a date by which the recipient must take action or forfeit thegrant. (1996,2nd Ex. Sess., c. 18, s. 27.6(a); 2003‑340, s. 1.3; 2005‑454, s. 6;2006‑178, s. 1; 2007‑185, s. 1.)