Kentucky Administrative Regulations › Title 200 - FINANCE AND ADMINISTRATION CABINET › Chapter 17 - Kentucky Infrastructure Authority › Section 200 KAR 17:050 - Clean Water State Revolving Fund

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 224A,
				33 U.S.C.
				1285,
				1288,
				1296,
				1313,
				1329,
				1383,
				40 C.F.R.
				35.3140
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224A.070(1) and
				224A.113
				authorize the Kentucky Infrastructure Authority to promulgate administrative
				regulations to implement
				KRS
				224A.111. This administrative regulation
				governs the application for and provision of financial assistance to
				governmental agencies for the planning, design, and construction of projects
				funded from the Clean Water State Revolving Fund.
Section 1. Definitions.
(1) "Applicant" means any governmental agency
			 that has submitted an application to the authority for financial assistance
			 from the Clean Water State Revolving Fund.
(2) "Application" means the information
			 submitted by an applicant to the authority to obtain financial assistance,
			 including the need for a specific project or infrastructure, and including
			 financial information necessary to determine eligibility for financial
			 assistance from the Clean Water State Revolving Fund.
(3) "Assistance agreement" is defined by
			 KRS
			 224.011(3).
(4) "Authority" is defined by
			 KRS
			 224A.011(4).
(5) "Cabinet" means the Environmental and
			 Public Protection Cabinet established in accordance with
			 KRS
			 224.10-100.
(6) "Clean Water Act" is defined by
			 KRS
			 224A.011(12) and is
			 otherwise known as the Federal Water Pollution Control Act.
(7) "Clean Water State Revolving Fund" means
			 the federally-assisted wastewater revolving fund created by
			 KRS
			 224A.111. The Federally-assisted State
			 Revolving Fund was established by the Water Quality Act of 1987 (amending the
			 Clean Water Act), Pub.L. 100-4, and replaced the traditional federal Municipal
			 Wastewater Treatment Construction Grant Program to include other water quality
			 needs, including nonpoint sources. This fund is now designed to address the
			 greatest remaining environmental challenges to improve Kentucky's water
			 resources.
(8) "Closing date" means
			 the date established by the authority for execution of the assistance agreement
			 upon satisfaction of the conditions contained in the conditional commitment
			 letter.
(9) "Conditional commitment
			 letter" means a letter delivered to the applicant stating the authority's
			 commitment to provide financial assistance under specifications and subject to
			 the satisfaction of certain conditions by the applicant on or before the
			 closing date.
(10) "Kentucky
			 eClearinghouse" means the automated Kentucky State Clearinghouse coordinating
			 the Federal Executive Review Process and Kentucky Intergovernmental Review
			 Process, for which the Governor's Office for Local Development has been
			 designated as the single point of contact for federal or state funding
			 financial assistance as required by
			 KRS
			 147A.021(3)(k).
(11) "Kentucky state data center" means the
			 agency within the Urban Studies Institute of the University of Louisville
			 designated by the Commonwealth to serve as the repository and analyst of data
			 and information generated by the United States Census Bureau.
(12) "Median household income" means the
			 statistical middle value in household income, considering all households in
			 Kentucky with an equal number of households above and below the middle value,
			 as determined by the Kentucky State Data Center.
(13) "Municipality" means a governmental unit
			 as defined in
			 33
			 U.S.C. 1362(4).
(14) "NEPA-like process" means the state
			 environmental review process that is functionally equivalent to the review
			 undertaken by the U.S. Environmental Protection Agency under the National
			 Environmental Policy Act,
			 42 U.S.C.
			 4321 et seq.
(15) "Project priority list" means the
			 integrated list of projects developed annually by the cabinet, which includes a
			 priority ranking of applicants eligible for State Revolving Fund funding
			 pursuant to
			 33 U.S.C.
			 1381 and
			 33 U.S.C.
			 1296, and a list of activities eligible for
			 funding under
			 33 U.S.C.
			 1329 and
			 33 U.S.C.
			 1330.
(16) "Regionalization" means the creation of
			 expanded service areas which take in a large geographic area of multiple
			 systems; the creation of multijurisdictional utility commissions, special
			 districts, authorities, or corporations; the utilization of interlocal
			 cooperation agreements; the consolidated operation or management of multiple
			 systems which may include regional facilities, smaller systems, or onsite
			 systems; or the merger, consolidation, or combination of two (2) or more
			 existing facilities or systems.
(17) "Replacement reserve fund" means the
			 special depreciation fund that may be established and funded by an applicant in
			 connection with financial assistance from the Clean Water State Revolving
			 Fund.
(18) "Safe Drinking Water
			 Act" means the federal Safe Drinking Water Act, 33 U.S.C. 300 f-j.