Kentucky Administrative Regulations › Title 200 - FINANCE AND ADMINISTRATION CABINET › Chapter 17 - Kentucky Infrastructure Authority › Section 200 KAR 17:070 - Drinking Water State Revolving Fund

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				151.601,
				151.603,
				Chapter 224A,
				42
				U.S.C. 300f,
				300g,
				300j,
				40 C.F.R. Part 25, Part 35 Subpart L
NECESSITY, FUNCTION, and CONFORMITY:
				KRS
				224A.070(1) and
				224A.113
				authorize the Kentucky Infrastructure Authority to promulgate administrative
				regulations to implement
				KRS
				224A.1115. This administrative regulation
				establishes requirements for applying for funding from the Drinking Water State
				Revolving Fund for the planning, design, or construction of new and expanded
				facilities to deliver potable water for public use and establishes requirements
				and criteria to prioritize the projects to receive funds. This administrative
				regulation conforms to federal requirements, except is more stringent in that
				projects must be consistent with state drinking water planning requirements
				contained in KRS Chapter 151.
Section
			 1. Definitions.
(1) "Applicant"
			 means any governmental agency, except a federal agency, that has submitted an
			 application to the authority for financial assistance from the Drinking Water
			 State Revolving Fund.
(2)
			 "Application" means the information submitted by an applicant to the authority
			 to obtain assistance, including the need for a specific project or
			 infrastructure, and including financial information necessary to determine
			 eligibility for assistance from the federally-assisted Drinking Water State
			 Revolving Fund.
(3) "Area water
			 management plan" means the community-based plan, as authorized by
			 KRS
			 224A.300(1), and
			 151.603,
			 identifying needs and service projects to address water supply and drinking
			 water with the goal of making potable water treatment available to all
			 Kentuckians.
(4) "Area water
			 management planning council" means the group of elected and appointed leaders,
			 utility representatives, health department representatives, and citizens at
			 large designated pursuant to
			 KRS
			 151.601 to develop an area water management
			 plan for water-related services in regions which are generally coterminus with
			 Kentucky's Area Development Districts.
(5) "Assistance agreement" is defined by
			 KRS
			 224A.011(3).
(6) "Authority" is defined by
			 KRS
			 224A.011(4).
(7) "Best practicable treatment and
			 distribution technology" means a treatment and distribution technology which,
			 in the best professional judgment of the cabinet's engineers, will adequately
			 treat and deliver the water from the raw water source to assure public health
			 and compliance with existing and future national drinking water standards, in a
			 cost effective manner.
(8)
			 "Cabinet" means the Environmental and Public Protection Cabinet established in
			 accordance with
			 KRS
			 224.10-100.
(9) "Capacity" means the financial,
			 managerial, and technical ability of a public water system to comply with all
			 applicable state and federal regulations.
(10) "Capacity development strategy" means
			 the strategic planning process used to determine how to assure the long-term
			 ability of public water systems to obtain or retain the capacity to comply with
			 all applicable state and federal requirements.
(11) "Clean Water Act" is defined by
			 KRS
			 224A.011(12) and is
			 otherwise known as the Federal Water Pollution Control Act.
(12) "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.
(13) "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.
(14)
			 "Disadvantaged community" means the service area of a public water system that
			 meets the affordability criteria established by the authority after public
			 review and comment and may qualify for additional subsidization of the
			 financial assistance terms.
(15)
			 "Drinking water project" means a drinking water project consistent with Section
			 3 of this administrative regulation.
(16) "Drinking Water State Revolving Fund"
			 means the federally-assisted water supply revolving fund created by
			 KRS
			 224A.1115.
(17) "Intended use plan" means the document
			 prepared annually by the cabinet and the authority, after public review and
			 comment, which identifies intended uses of all Drinking Water State Revolving
			 Fund Program funds and describes how those uses support the overall goals of
			 the Drinking Water State Revolving Fund Program and the Safe Drinking Water
			 Act.
(18) "Kentucky eClearinghouse"
			 means the automated Kentucky State Clearinghouse coordinating the federal
			 executive review process and the 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 financial assistance as required
			 by
			 KRS
			 147A.021(3)(k).
(19) "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 U.S. Census Bureau.
(20) "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.
(21) "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.
(22) "Project priority list" means a list of
			 all drinking water projects, with the exception of projects funded on an
			 emergency basis, that are scored using the cabinet's priority system, go
			 through a public review process prior to receiving financial assistance, and
			 are included in the intended use plan.
(23) "Public water system" means a water
			 system for the provision to the public of water for human consumption, if the
			 system has at least fifteen (15) service connections or regularly serves an
			 average of at least twenty-five (25) individuals daily at least sixty (60) days
			 of the year. The term includes collection, treatment, storage and distribution
			 facilities under the control of the operator of the system and used primarily
			 in connection with the system and collection and pretreat-ment storage
			 facilities not under the control of the operator of the water system which are
			 used primarily in connection with the water system.
(24) "Regionalization" means the creation of
			 expanded service areas which take in a large geographic area or 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 on-site
			 systems; or the merger, consolidation, or combination of two (2) or more
			 existing facilities or systems.
(25) "Replacement reserve fund" means the
			 special depreciation fund that may be established and funded by an applicant in
			 connection with financial assistance from the Drinking Water State Revolving
			 Fund.
(26) "Safe Drinking Water
			 Act" means the federal Safe Drinking Water Act, 33 U.S.C. 300f -j.