(1) Funds for private grants are limited by legislative appropriation.

(a) Applicants shall request funds for only those projects where need and/or urgency is established.

(b) Applicants shall not request grant funding for feasibility studies, research and/or public information efforts.

(c) To be recommended for private project grant funds, an application must establish that the applicant is not a public entity; the proposed project is eligible for funding; the proposed project will be technically, financially and environmentally feasible; and the situation if left uncorrected either would create a human health or safety crisis or would cause significant damage to the environment.

(2) To be recommended for private project loan funds:

(a) an application must establish that the applicant is not a public entity; the proposed project is eligible for funding; and the proposal will be technically, financially and environmentally feasible.

(b) the applicant shall provide a current financial statement, budget documentation and other documentation requested by the department to allow a full assessment of financial feasibility; evidence of the applicant's authority to seek loan funding for the proposed project; and a sworn statement that there is no litigation threatened or pending challenging the applicant's authority to undertake the project or to incur the debt.