Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VII - Water Pollution Control State Revolving Fund › Chapter 90 - Scope of Title - Definitions - Forms › Rule 567-90.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
The following words and terms shall have the following
				  meanings unless the context clearly indicates otherwise. The following
				  definitions are applicable for this chapter and 567-Chapters 90, 91, 92 and
				  93.
"Authority"
means the Iowa finance authority
				  (IFA) as established by Iowa Code chapter 16.
"Clean Water Act"
means the federal Water
				  Pollution Control Act of 1972, P.L. 92-500, as amended by the Water Quality Act
				  of 1987, P.L. 100-4, as published in
				  33 U.S.C.
				  1251 -
				  1376.
"Cluster systems"
means onsite wastewater
				  treatment systems providing treatment for two or more dwellings with a combined
				  flow not to exceed 1,500 gallons per day.
"Commission"
means the Iowa department of
				  natural resources environmental protection commission.
"Comprehensive Nutrient Management Plan"
or
"CNMP"
means a conservation system that is unique to an
				  animal feeding operation (AFO). A CNMP is a grouping of conservation practices
				  and management activities which, when implemented as part of a conservation
				  system, will help to ensure that both production and natural resource
				  protection goals are achieved. A CNMP incorporates practices to use animal
				  manure and organic by-products as beneficial resources. A CNMP addresses
				  natural resource concerns dealing with soil erosion, manure, and organic
				  by-products and their potential impacts on all natural resources including
				  water and air quality, which may derive from an AFO. A CNMP is developed to
				  assist an AFO owner/operator in meeting all applicable local, tribal, state,
				  and federal water quality goals or regulations. For nutrient-impaired stream
				  segments or water bodies, additional management activities or conservation
				  practices may be required by local, tribal, state, or federal water quality
				  goals or regulations. [From proposed Natural Resources Conservation Service
				  Environmental Quality Incentives Program (NRCS EQIP) rules.]
"CWSRF"
means the clean water state
				  revolving fund, also known as the water pollution control works revolving loan
				  fund as defined in Iowa Code section
				  455B291..
"Department"
or
"DNR"
means
				  the Iowa department of natural resources.
"Director"
means the director of the Iowa
				  department of natural resources.
"Eligible cost"
means the cost of all
				  labor, material, machinery, equipment, loan initiation and service fees,
				  facility planning, design and construction engineering services, legal fees and
				  expenses related to the project; capitalized interest during construction of
				  the project; and construction and rehabilitation of all or part of a project
				  included in the funding request placed on the draft IUP as a fundable project,
				  subject to approval by the commission.
"Eligible entity"
means a person eligible
				  under the provisions of the Clean Water Act, the Safe Drinking Water Act, and
				  the commission rules to receive loans for projects from either of the revolving
				  loan funds.
"Eligible project"
means, in the context of
				  the water pollution control facilities, the acquisition, construction,
				  reconstruction, extension, equipping, improvement, or rehabilitation of any
				  works and facilities useful for the collection, treatment and disposal of
				  sewage and industrial waste in a sanitary manner including treatment works as
				  defined in Section 212 of the Clean Water Act, or the implementation and
				  development of management programs established under Sections 319 and 320 of
				  the Clean Water Act, including construction and undertaking of nonpoint source
				  water pollution control projects and related development activities authorized
				  under those Sections. Only projects classified under one of the following needs
				  categories are eligible for loan assistance: I, II, III-A, III-B, IV-A, IV-B,
				  V, VI, all subcategories of VII, X and XII. Projects for the primary purpose of
				  speculative growth are considered ineligible.
"Facility plan"
means a report certified by
				  a professional engineer licensed to practice in Iowa and prepared in
				  conformance with Chapter 11 of the Iowa Wastewater Facilities Design Standards
				  (567-paragraph 64.2(9)
"b"
). This report shall be prepared to
				  include an evaluation of the facility, identify problems, provide alternatives
				  and a recommended solution, outline financing options and project time line,
				  and address other applicable issues ensuring the viability of the project and
				  the facility to meet project goals and discharge requirements.
"Federal cross-cutters"
means the federal
				  laws and authorities that apply to projects funded through CWSRF.
"Financial agent"
means the entity or
				  entities that have entered into a contract with the department to carry out the
				  financial administration of the nonpoint source set-aside programs.
"Fiscal year"
means the state fiscal year
				  starting July 1 and ending June 30.
"Fundable applicant"
means an eligible
				  entity that meets the following criteria:
1. Appears on the state project priority
				list;
2. Has submitted a complete
				application for a water pollution control project with eligible
				costs;
3. Will be in a state of
				readiness to proceed with construction and use loan payments in a timely
				manner; and
4. Has been included on
				the state's intended use plan as a proposed loan recipient or is otherwise
				eligible as described in 567-paragraph 93.5(1)
"c,"
93.6(1)
"c,"
or 93.7(1)
"c."
"Intended use plan"
or
"IUP"
means a plan identifying the intended uses of funds available for loans in the
				  WPCSRF for each fiscal year as described in Section 606(c) of the Clean Water
				  Act.
"Municipality"
means the city, county,
				  sanitary district, state agency, or other governmental corporation or body
				  empowered to provide sewage collection and treatment services, or any
				  combination of two or more such governmental bodies, or corporations acting
				  jointly, in connection with a project.
"Needs category"
means identified categories
				  of needs which comprise mutually exclusive classes of facilities:
1. Category I. Standard secondary wastewater
				treatment. This category includes wastewater treatment costs necessary to meet
				the minimum level of treatment defined by the federal Clean Water
				Act.
2. Category II. Advanced
				wastewater treatment. This category includes the wastewater treatment costs
				necessary to attain a level of treatment that is more stringent than standard
				secondary treatment or to produce a significant reduction in nonconventional or
				toxic pollutants present in the wastewater treated by a facility.
3. Category III-A. Infiltration/inflow
				correction. This category includes costs for correction of sewer system
				infiltration/inflow problems. Infiltration includes controlling the penetration
				of water into a sanitary or combined sewer system from the ground through
				defective pipes or manholes. Inflow includes controlling the penetration of
				water into the system from drains, storm sewers, and other improper entries.
				This category also includes costs for preliminary sewer system analysis and
				detailed sewer system evaluation surveys.
4. Category III-B. Sewer system
				replacement/rehabilitation. This category includes costs for the reinforcement
				or reconstruction of structurally deteriorating sanitary or combined sewers.
				The corrective actions must be necessary to maintain the structural integrity
				of the system. Rehabilitation is considered to be extensive repair of existing
				sewers (collector and interceptor) beyond the scope of normal maintenance
				programs, when sewers are collapsing or structurally unsound. "Replacement" is
				defined as the construction of parallel sewer or sewers which perform the
				function of existing sewers where existing sewers are to be abandoned. Sewer
				work associated with infiltration/inflow elimination is considered a Category
				III-A need. Relief sewers do not fall within this category since they are newly
				constructed sewers with a function beyond that of existing sewers.
5. Category IV-A. New collector sewers and
				appurtenances. This category includes costs of new pipes used to collect and
				carry wastewater from a sanitary or industrial wastewater source to an
				interceptor sewer that will convey the wastewater to a treatment facility. The
				collection system is considered as those public sewers which have a principal
				purpose of providing service for individual users in existing residential and
				commercially developed areas to enable collection of wastewater in a
				centralized system. Pumping stations and force mains and other related
				appurtenant structures are considered part of the collection system if their
				primary mechanical function relates to the collection system.
6. Category IV-B. New interceptor sewers and
				appurtenances. This category includes costs for constructing new interceptor
				sewers and pumping stations to convey wastewater from collection sewer systems
				to a treatment facility or to another interceptor sewer. Relief sewers are
				included in this category where additional sewer capacity is required to
				accommodate all wastewater in a separate sewer system to ensure that it is
				transported to a wastewater treatment plant for adequate treatment, and to
				prevent public health hazards within the service area. Relief sewers may
				include parallel sewers. Pumping stations and force mains and other related
				appurtenant structures are considered in this category if their primary
				mechanical function relates to the interceptor's principal purpose.
				Equalization basins are included in this category.
7. Category V. Correction of combined sewer
				overflows. This category includes costs to prevent or control the periodic
				discharges of mixed storm water and untreated wastewater (combined sewer
				overflows) that occur when the capacity of a sewer system is exceeded during a
				wet weather event. This category does not include costs for overflow control
				allocated to flood control, drainage improvement, or the treatment or control
				of storm water in separate storm systems.
8. Category VI. Storm water management
				program. This category includes costs to plan and implement structural and
				nonstructural measures to control the runoff of water resulting from
				precipitation (storm water) with the purpose of improving and protecting water
				quality. This category includes controlling storm water pollution from diffuse
				sources by reducing pollutants from runoff from commercial and residential
				areas that are served by the storm sewer, detecting and removing illicit
				discharges and improper disposal into storm sewers, monitoring pollutants in
				runoff from industrial facilities that flow into municipal separate storm sewer
				systems, and reducing pollutants in construction site runoff discharged to
				municipal separate storm sewers.
9.
				Category VI-A. Storm water conveyance infrastructure. This category includes
				costs to address the storm water management program activities associated with
				the planning, design, and construction of conveying storm water via pipes,
				inlets, roadside ditches, and other similar mechanisms. These costs will be
				eligible if they are combined with practices described in Category VI-B or VI-C
				in order to achieve water quality protection or improvement.
10. Category VI-B. Storm water treatment
				systems. This category includes costs to address the storm water management
				program activities associated with the planning, design, and construction of
				treating storm water with wet ponds, dry ponds, manufactured devices, and other
				similar means. These costs will be eligible if these activities are implemented
				in order to achieve water quality protection or improvement.
11. Category VI-C. Green infrastructure. This
				category includes costs to address the storm water management program
				activities associated with the planning, design, and construction of low impact
				development and green infrastructure, such as bioretention, constructed
				wetlands, permeable pavement, rain gardens, green roofs, cisterns, rain
				barrels, vegetated swales, and restoration of riparian buffers and flood
				plains. Projects in this category can be both publicly owned and privately
				owned.
12. Category VI-D. General
				storm water management. This category includes costs to address the storm water
				management program activities associated with implementing a storm water
				management program, such as Geographic Information Systems and tracking
				systems, equipment such as street sweepers and vacuum trucks, storm water
				education program startup costs, and storm water management plan
				development.
13. Category VII-A.
				Nonpoint source (NPS) control: agriculture (cropland). This category includes
				costs to address NPS pollution control needs associated with agricultural
				activities related to croplands, such as plowing, pesticide spraying,
				irrigation, fertilizing, planting, and harvesting.
14. Category VII-B. NPS control: agriculture
				(animals). This category includes costs that address NPS pollution control
				needs associated with agricultural activities related to animal production,
				such as confined animal facilities, open feedlots, and grazing.
15. Category VII-C. NPS control:
				silviculture. This category includes costs that address NPS pollution control
				needs associated with forestry activities such as removal of streamside
				vegetation, road construction and use, timber harvesting, and mechanical
				preparation for the planting of trees.
16. Category VII-E. NPS control: groundwater
				protection (unknown source). This category includes costs that address
				groundwater protection NPS pollution control needs such as wellhead and
				recharge protection activities.
17.
				Category VII-F. NPS control: marinas. This category includes costs that address
				NPS pollution control needs associated with boating and marinas, such as poorly
				flushed waterways, boat maintenance activities, discharge of sewage from boats,
				and the physical alteration of shoreline, wetlands, and aquatic habitat during
				the construction and operation of marinas.
18. Category VII-G. NPS control: resource
				extraction. This category includes costs that address NPS pollution control
				needs associated with mining and quarrying activities.
19. Category VII-H. NPS control: brownfields.
				This category includes costs that address NPS pollution control needs
				associated with abandoned industrial sites which might have residual
				contamination (brownfields).
20.
				Category VII-I. NPS control: storage tanks. This category includes costs that
				address NPS pollution control needs associated with tanks designed to hold
				gasoline, other petroleum products, or chemicals. The tanks may be located
				above or below ground level.
21.
				Category VII-J. NPS control: landfills. This category includes costs that
				address NPS pollution control needs associated with sanitary
				landfills.
22. Category VII-K. NPS
				control: hydromodification. This category includes costs to address the
				degradation of water resources as a result of altering the hydrological
				characteristics of noncoastal waters, including channelization and channel
				modification, dam, and streambank and shoreline erosion. Work involving wetland
				or riparian area protection or restoration is included in this
				category.
23. Category X. Recycled
				water distribution. This category includes costs associated with conveyance of
				treated wastewater that is being reused (recycled water), including associated
				rehabilitation/replacement needs.
24. Category XII. Decentralized sewage
				treatment. This category includes costs associated with the rehabilitation or
				replacement of onsite wastewater treatment systems or clustered (community)
				systems. This category also includes the treatment portion of other
				decentralized sewage disposal technologies.
"New AFO"
means an animal feeding operation
				  that meets at least one of the following criteria:
1. It was constructed after January 1,
				2006.
2. Animal production at the
				site was resumed after being discontinued for at least 12 months.
3. Production facilities were altered in
				order to house a different animal species than was produced previously.
"Nontraditional project"
means a project
				  where the primary purpose of the project is not to protect or improve water
				  quality. A secondary purpose of the project does include water quality
				  improvement or protection.
"NPS"
means nonpoint source pollution which
				  does not have a single point of origin and/or is not introduced into a
				  receiving stream from a specific outlet. NPS pollution sources are diffuse and
				  may be a result of runoff, precipitation, atmospheric deposition, drainage,
				  seepage, or hydrological modification.
"Onsite wastewater treatment system, " "onsite
				  treatment system"
or
"onsite system"
means the same as
				  "private sewage disposal system" as defined in 567-subrule 69.1(2).
"POTW"
means publicly owned treatment works
				  as defined in Section 212 of the Clean Water Act.
"Project completion"
means the date the
				  final loan certificate is signed by the recipient.
"Quasi-public agency"
means an agency that
				  provides public services and is under private ownership or control.
"Sponsored project"
means a water resource
				  restoration project pursuant to 2009 Iowa Code Supplement section
				  455B.199.
"State project priority list (PPL)"
means
				  the list of projects in priority order that may qualify for CWRSF loan
				  assistance. The list is developed in accordance with 567-Chapter 91.