Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 1 - Water Pollution Control › Chapter 21 - Clean Water State Revolving Fund › Subchapter A - Clean Water State Revolving Fund › Section IX-2105 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
Act
-
Act
349 of the
						1986 Louisiana Legislature enacting
						R.S.
						30:2011(D)(4), 2074(A)(4)
						and (B)(6), and 2078 relative to the Louisiana Environmental Quality
Act
, and/or
Act
296 of the 2010 Regular
						Session of the Louisiana Legislature, amending
						R.S.
						30:2011(D)(4), 2074(A)(4)
						and (B)(6), and 2078.
Administrative Authority
- the
						secretary of the department or his/her designee.
Allowable Cost
-those project costs that
						are eligible, reasonable, necessary, and allocable to the project; permitted by
						the appropriate federal cost principles, and approved in the loan
						agreement.
Applicant
-any political subdivision,
						agency, commission of the state, or private entity allowed by federal act or
						federal regulation, that submits an application for financial assistance in
						accordance with these regulations.
Bonds
-the bonds, notes, renewal notes,
						refunding bonds, interim certificates, certificates of indebtedness,
						debentures, warrants, commercial paper, or other obligations or evidences of
						indebtedness authorized to be issued by the department.
Construction
-includes preliminary
						planning, engineering, architectural, legal, fiscal, economic investigations
						and/or studies, surveys, designs, plans, working drawings, specifications,
						erection, building, acquisition, alteration, remodeling, improvement or
						extension of treatment works.
Cost
-the
cost
of
						acquisition and construction; the
cost
of all land,
						rights-of-way, property rights, easements, franchise rights and interests
						required by the department for such acquisition and construction; the
cost
of all machinery, furnishings, and equipment; all
						financing charges, and interest prior to and during construction; the
cost
of all engineering services and all expenses of research
						and development with respect to eligible projects; the
cost
of
						all legal services and expenses; the
cost
of all plans,
						specifications, land surveying and estimates of
cost
and
						revenues; all working capital and other expenses necessary or incident to
						determining the feasibility or practicability of acquisition or construction of
						any such project; all administrative expenses and such other expenses as may be
						necessary or incident to the acquisition or construction of the project, the
						financing of such acquisition or construction, including the amount authorized
						in the resolution of the department providing for the issuance of revenue bonds
						to be paid into any special funds from the proceeds of such bonds; and the
						financing of the placing of any such project in operation.
Department
-the Louisiana Department of
						Environmental Quality.
Designated Management Agency
-an agency
						identified by a water quality management plan and designated by the governor to
						implement specific control recommendations.
Eligible Recipient
- a political
						subdivision, public trust, agency or commission of the state, or a private
						entity as allowed by the federal act and/or federal regulations.
Environmentally Sensitive Area
-an area
						with unique ecological features which may suffer irreversible damage from even
						small changes in the environment. This includes, but is not limited to,
						floodplains, wetlands, prime agricultural lands, aquifer recharge areas,
						coastal zones, habitats of rare or endangered species, wild and scenic rivers,
						etc.
Federal Act
- the Federal Water
						Pollution Control Act Amendments of 1972, known as the Clean Water Act, as
						amended,  33 U.S.C. § 1245  et seq., (1972).
Federal Government
-the United States of
						America and any agency of instrumentality, corporate or otherwise, of the
						United States of America.
Financial Capability
-the applicant
						shall demonstrate an unencumbered and sufficient future revenue stream to meet
						the annual debt service of the loan being provided by the CWSRF as determined
						by the administering authority. Sufficiency of a future revenue stream may be
						determined by examining audited financial statements, review of future net
						income based on increased user fees, and/or approval of the funding by the
						Louisiana State Bond Commission.
Initiation of Operation
- for
						wastewater treatment projects, the date operations of the treatment works are
						initiated or are capable of being initiated, whichever is earlier.
Lending Institution
-any bank, bank or
						trust company, federal land bank, production credit association, bank for
						cooperatives, building and loan association, homestead, insurance company,
						investment banker, mortgage banker or company, pension or retirement fund,
						savings bank or savings and loan association, small business investment
						company, credit union, or any "Edge Act Corporation" or agreement corporation
						organized or operating pursuant to Section 25 of the Federal Reserve
						Act.
Loan Program Agreement
-a contractual
						arrangement by and between a municipality and the state acting by and through
						the department, providing for loans to such municipality for the purpose of
						paying the cost of construction of eligible projects.
Municipality
-a city, town, village,
						district, parish, Native American tribe, or an authorized Native American
						tribal organization, or public body having jurisdiction over transport,
						treatment, and/or disposal of sewage, industrial waste, other waste.
Operation and Maintenance
-those
						functions that result in expenditures during the useful life of the treatment
						works for materials, labor, utilities, and other items which are necessary for
						managing and maintaining the sewage works to achieve the capacity and
						performance for which such works were designed and constructed.
Pollution
-
1. the discharge, release, escape, deposit or
						disposition, directly or indirectly, of treated or untreated sewage, industrial
						wastes or other wastes, of whatever kind or character, in or near any water of
						the state, in such condition, manner or quantity, as does, will, or is likely
						to contaminate or substantially contribute to the alteration of the physical,
						chemical or biological properties of any such waters, if such contamination or
						alteration where an
applicant
only contributes thereto, is to
						such an extent as to make any of such waters:
a. directly or indirectly harmful, detrimental or
						injurious to the public health, safety, and welfare;
b. directly or indirectly detrimental to existing animal,
						bird, fish, aquatic or plant life;
c. unsuitable for present or future domestic, commercial,
						industrial, agricultural, recreational, scenic or other legitimate uses; and
						also means:
2. the discharge, release, escape, deposit, or
						disposition, directly or indirectly, of treated or untreated sewage, industrial
						wastes or other wastes, of whatever kind of character, in or near any waters of
						the state in such condition, manner or quantity of the waters of the state
						below the standards established therefore by the United States or any
						department, agency, board or commission of this state authorized to establish
						such standards.
Program Loans
-loans made to an
						applicant by the state which are required to be repaid pursuant to a loan
						program agreement.
Project Completion
-the date a project
						is complete and accepted by the owner. For wastewater treatment projects, the
project completion
is the initiation of operation date.
Replacement
-obtaining and installing
						equipment, accessories, or appurtenances which are necessary during the useful
						life of the treatment works to maintain the capacity and performance for which
						such works were designed and constructed.
Sewage
-water-carried human or animal
						wastes from residences, buildings, industrial establishments or other places,
						together with such groundwater infiltration and surface waters as may be
						present.
State
-the state of Louisiana or any
						agency or instrumentality thereof.
User Charge
-a charge levied on users of
						a treatment works for the cost of operation and maintenance, including
						replacement or loan payment.
Wastewater
-any water containing sewage,
						industrial wastes, or other wastes of contaminants derived from the prior use
						of such water, and shall include without limiting the generality of the
						foregoing, surface water of the type storm sewers are designed to collect and
						dispose of.
Wastewater Facilities
-facilities for
						the purpose of collecting, transporting, treating, neutralizing, disposing of,
						stabilizing, cooling, segregating or holding wastewater, including without
						limitation the generality of the foregoing, facilities for the treatment and
						disposal of sewage, industrial wastes, or other wastes, wastewater, and the
						residue thereof; facilities for the temporary or permanent impoundment of
						wastewater, both surface and underground; and sanitary sewers or other
						collection systems, whether on the surface or underground, designed to
						transport wastewater together with the equipment and furnishings thereof and
						their appurtenances and systems, whether on the surface or underground
						including force mains and pumping facilities therefore.
Water Quality Management Plan
-a state
						or areawide waste treatment management plan that identifies water quality
						problems and details the state's objectives and strategies for their
						resolution, and outlines the institutional framework necessary for the
						effective implementation of the proposed strategies.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						30:2011(D)(1).