Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 3 - Louisiana Sewage Sludge and Biosolids Program › Chapter 101 - Drinking Water Revolving Loan Fund › Section IX-10105 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following
				  terms used in these regulations shall have the following meanings.
Administrative Fee
- the fee due from a
					 borrower to the department at the origination of a loan and/or on the
					 outstanding principal amount of a loan payable in installments at such rate or
					 rates and at such time or times as may be established by the secretary.
Applicant
- any person, as defined, that
					 submits an application for financial assistance in accordance with these
					 regulations.
Binding Commitment Agreement
- an
					 instrument evidencing a legal obligation by the department, acting on behalf of
					 the state, to a person that sets forth terms for making a loan from the fund
					 and/or providing such other financial assistance as may be authorized in
					 connection with the program.
Borrower
- any person receiving financial
					 assistance for the construction of a drinking water facility.
Completion Date
- the date the operation
					 of a completed project receiving financial assistance from the fund is
					 initiated or capable of being initiated, whichever is earlier.
Construction
- includes preliminary
					 planning, engineering, architectural, legal, fiscal, and economic
					 investigations and/or studies, surveys, designs, plans, working drawings,
					 specifications, erection, building, acquisition, alteration, remodeling,
					 improvement, or extension of the project.
Department
- the Louisiana Department of
					 Environmental Quality.
Drinking Water Facilities
- facilities for
					 the purpose of collecting, transporting, treating, storing, distributing, or
					 holding drinking water.
Environmental Review
- an assessment by
					 the department of the environmental impact of a proposed project and assurances
					 that the project will comply with all environmental laws and executive orders
					 applicable to the project area.
Financial Assistance
- loans, credit
					 enhancement devices, guarantees, pledges, interest rate swap agreements, linked
					 deposit agreements, and other financial subsidies authorized by law.
Fund
- the Drinking Water Revolving Loan
					 Fund established by the department in accordance with the Safe Drinking Water
					 Act (SDWA) Amendments of 1996 and Act 480 of the 1997 Regular Session of the
					 Louisiana Legislature.
Letter of Intent
- a written notification
					 of the intent of the applicant to participate in the fund program. The
					 notification must include a request for financial assistance, the estimated
					 amount of financial assistance, and an estimated construction schedule and
					 document the authority of the applicant.
Loan
or
Loans
- a
					 disbursement of money made by the department from the fund to a person in
					 accordance with a loan and pledge agreement.
Loan and Pledge Agreement
- a contractual
					 arrangement by and between a person and the state acting by and through the
					 department, providing for a loan or loans to such person for the purpose of
					 paying the eligible cost of a project or projects.
Operation, Maintenance, and Replacement (O, M, and
					 R)
- those functions that result in expenditures during the useful life
					 of the drinking water facilities for materials, labor, utilities, and other
					 items that are necessary for managing and maintaining the drinking water
					 facilities to achieve the capacity and performance for which such works were
					 designed and constructed, including replacement.
Person
- any individual, partnership,
					 firm, corporation, company, cooperative, association, society, trust, or any
					 other business unit or entity, including any municipality, or state
					 agency.
Project or Projects
- the activities or
					 tasks identified in a loan and pledge agreement for which a person has made a
					 loan and may expend, obligate, or commit loan proceeds.
Secretary
- the Secretary of the
					 Department of Environmental Quality.
State
- the state of Louisiana or any
					 agency or instrumentality thereof.
System Improvement Plan
- the necessary
					 plans and studies relating to the construction of a complete project of
					 drinking water facilities.
User Charge
- a charge or fee levied on
					 users of drinking water facilities for the cost of operation, maintenance, and
					 replacement. User charges may include other costs such as the repayment of debt
					 incurred for the construction of the drinking water
					 facilities.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2011 et
					 seq.