Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-503 - STATE REVOLVING FUND LOAN PROGRAM › Section 62-503.430 - Loan Applications and Agreements

Current through Reg. 50, No. 138; July 16, 2024
(1) General.
(a) A complete loan application, Form
				Application 1, State Revolving Fund Loan Program for Point Source Water
				Pollution Control Loan Application, effective 3-9-22, or Form Application 2,
				State Revolving Fund Loan Program for Nonpoint Source Water Pollution Control
				Loan Application, effective 3-9-22, shall be submitted to the Department within
				120 days after the project is listed on the fundable portion of the priority
				list. Both of these forms are hereby adopted and incorporated by reference. The
				project sponsor may incorporate into the loan application, by reference, any
				information previously submitted to the Department. These forms are available
				from the Department's Clean Water State Revolving Fund Program, 3900
				Commonwealth Blvd., MS 3505, Tallahassee, Florida 32399-3000, or at
http://www.flrules.org/gateway/reference.asp?No=Ref-14074
,
				and at
http://www.flrules.org/gateway/reference.asp?No=Ref-14075
.
(b) To receive a loan, a project sponsor must
				submit a complete loan application, provide reasonable assurance that it has
				the financial capability to complete the project and repay the loan, and enter
				into a negotiated written agreement. Loan agreements shall be offered to
				project sponsors for projects listed on the fundable portion in the order of
				receipt of a complete application irrespective of priority score, project rank,
				or qualification for the small-community reserve funds.
(c) If a project sponsor does not submit a
				complete loan application within 120 days, or a loan agreement is not executed
				within 210 days after a project is added to the fundable portion, the project
				shall be removed from the priority list at the next scheduled public meeting,
				unless mitigating circumstances are presented to the Department by the
				beginning of that meeting that document why the application was not submitted
				or why the agreement was not executed by the appropriate deadline.
(d) Project sponsors shall provide reasonable
				financial assurance that project activities will be completed including
				requirements for service providers and equipment suppliers or manufacturers to
				provide performance guarantees; and insurance covering workers' compensation,
				comprehensive general liability, vehicle liability, and property damage to the
				extent that coverage is available for project activities.
(e) Financial hardship loans shall not be
				awarded with funds from the FWPCFC.
(f) The Department shall have the primary
				responsibility for drafting the loan agreement and setting its terms. The loan
				agreement shall have terms to meet program requirements. Loan agreement
				covenants may vary for direct and leveraged loans. Projects being funded under
				(or pursuant to) different sections of the Act or as a result of different
				sources of pledged revenues may have different loan agreement
				provisions.
(g) The loan recipient
				shall certify that it is not listed on the governmentwide exclusions in the
				System for Award Management (SAM), in accordance with the OMB guidelines at  2
				CFR 180  that implement Executive Orders 12549 (  3 CFR part 1986  Comp., p. 189)
				and 12689 (  3 CFR part 1989  Comp., p. 235), "Debarment and
				Suspension."