Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 45.00 - Dep Selection, Approval and Regulation of Drinking Water Projects Receiving Financial Assistance from the State Revolving Fund › Section 45.03 - Definitions

Current through Register 1525, July 5, 2024
For the purposes of
				310 CMR 45.00, the following
				terms shall have the meaning set forth in
				310 CMR 45.00 unless the
				context clearly requires otherwise.
310 CMR
				22.00:
Drinking Water
.
				The Department's regulations governing the approval, use and operation of
				drinking water sources and public water systems.
Best Management Practices (BMPs)
. A
				method, measure or practice in water management, or a combination thereof,
				established and published by the Trust pursuant to St. 2014, c. 259, § 55.
				The Trust's BMPs can be found on the Official Website of the Treasurer and
				Receiver General of Massachusetts.
Community Water System
. A community
				water system is a Public Water System as defined in
				310 CMR 22.02:
Definitions
, which serves at least 15 service connections used
				by year-round residents or regularly serves at least 25 year-round
				residents.
Cost
. Any or all costs, whenever
				incurred, approved by the Department in accordance with M.G.L. c. 21, §
				27A, of carrying out a drinking water project, including, without limiting the
				generality of the foregoing: the costs for planning, preparation of studies and
				surveys, design, construction, facilities, improvement and rehabilitation,
				acquisition of real property, personal property, materials, machinery or
				equipment, start-up costs, demolitions and relocations, reasonable reserves and
				working capital, interest on loans, local governmental obligations and notes in
				anticipation of thereof prior to and during construction of such project or
				prior to the date of such loan, if later, administrative, legal and financing
				expenses, and other expenses necessary or incidental to the aforesaid.
Department
. The Massachusetts
				Department of Environmental Protection.
Drinking Water Project
. Any project of
				a type or category which the Department has determined, consistent with
				guidance issued by EPA in accordance with the SDWA, will facilitate compliance
				with national primary drinking water regulations under § 1412 of the SDWA,
				42 U.S.C. § 300g-1 or otherwise significantly further the health
				protection objectives of the SDWA or
				310 CMR
				22.00:
Drinking Water
.
Eligible Borrower
. Any LGU or other
				community water system which is authorized to own, operate, finance or
				otherwise implement a drinking water project.
EPA
. The U.S. Environmental Protection
				Agency.
Federal Cross-cutters
. Federal laws
				and authorities that apply by their own terms to projects receiving federal
				financial assistance such as the federal SRF. Such federal cross-cutters
				include, but are not limited to, environmental laws and authorities such as the
				Clean Air Act, Safe Drinking Water Act, Clean Water Act, Endangered Species
				Act, Coastal Zone Management Act, Wild and Scenic Rivers Act and the National
				Historic Preservation Act of 1966, and economic and miscellaneous authorities
				such as the procurement and contractor requirements associated with financial
				assistance programs under the Safe Drinking Water Act, Clean Water Act and
				Clean Air Act.
Grant Equivalency or Financial Equivalent of a
				Grant
. The standard measure used by the Department and the Trust
				to determine the amount of subsidy applicable to the eligible costs of a
				project under the loan in accordance with St. 1998, c. 78.
Intended Use Plan or IUP
. An annual
				plan submitted by the Trust to EPA pursuant to § 1452(b) of the SDWA, 42
				U.S.C. § 300j-12(b), which identifies the intended use of the amounts
				available to the Fund as determined from time to time by the Trust and derived
				from the federal capitalization grant, state match amounts, loan repayments,
				investment earnings and any other moneys deposited by the Trust available to
				fund projects eligible for funding under St. 1998, c. 78. The IUP includes a
				listing of projects to receive financial assistance from the Fund, the
				distribution and use of the funds for set-aside activities, and a description
				of the short and long term goals for the use of project and set-aside
				funds.
Intended Use Plan Project Listing
.
				Those projects identified by the Department for inclusion on the fundable
				portion of the calendar year priority list pursuant to
				310 CMR
				45.05(2).
Loan
. Any form of financial assistance
				subject to repayment, in whole or in part, which is provided by the Trust to an
				eligible borrower for all or any part of the cost of a drinking water project.
				A loan may provide for planning, construction, bridge or permanent
				financing.
Loan Agreement
. Any agreement entered
				into between the Trust and an eligible borrower pertaining to a loan or the
				purchase and delivery of local governmental obligations or other instruments
				evidencing or securing a loan.
Loan Commitment
. A written commitment
				by the Trust to make a loan to a LGU or public water system to finance a
				project approved by the Department on terms consistent with the Department's
				Project Approval Certificate.
Local Government Unit (LGU)
. Any town,
				city, district, commission, agency, authority, board or other instrumentality
				of the Commonwealth or of any of its political subdivisions, including any
				regional local governmental unit as defined in M.G.L. c. 29C, § 1, which
				is responsible for the ownership or operation of a drinking water project and
				is authorized by a bond act to finance all or any part of the cost thereof
				through the issue of bonds.
Maximum Contaminant Level (MCL)
. The
				maximum permissible level of a contaminant in water which is delivered to any
				user of a public water system, as published in
				310 CMR
				22.00:
Drinking Water
.
MEPA
. The Massachusetts Environmental
				Policy Act, M.G.L. c. 30, §§ 61 through 62H.
Project Approval Certificate
. A
				certificate issued by the Department to the Trust certifying that a project is
				approved for financing by the Trust and that the costs of the project are
				eligible for financial assistance pursuant to M.G.L. c. 29C, § 6.
Project Regulatory Agreement
. An
				agreement between the Department and an eligible borrower, executed and
				delivered to the Trust on or prior to the date of a loan from the Trust to the
				eligible borrower to finance a drinking water project approved by the
				Department, which includes a disbursement schedule, procedures for approval and
				payment of requisitions, conditions related to the borrower's compliance with
				the Department's regulations and other federal and state statutes and
				regulations applicable to the construction and operation of the project, and
				provision for the Department's supervision of the project in accordance with
				310 CMR 45.00.
Public Water System
. A system for the
				provision to the public of water for human consumption, through pipes or other
				constructed conveyances, if such system has at least 15 service connections or
				regularly serves an average of at least 25 individuals daily at least 60 days
				of the year, as further defined in
				310 CMR 22.02:
Definitions
.
Safe Drinking Water Act or SDWA
. Title
				XIV of the Federal Public Health Service Act, commonly known as the Safe
				Drinking Water Act,
				42
				U.S.C. 300f
et seq
.
Set-asides
. The use of DWSRF federal
				capitalization grant funds and matching state funds, as applicable, for a range
				of specific activities identified in § 1452 of the SDWA to encourage
				source water protection and other Department drinking water program
				activities.
Small System
. A public water system
				which regularly serves fewer than 10,000 persons.
Trust
. The Massachusetts Clean Water
				Trust established by M.G.L. c. 29C. The Trust administers the Commonwealth's
				SRF programs, which are authorized by federal legislation, the Water Quality
				Act of 1987 for the clean water SRF and the Safe Drinking Water Act of 1996 for
				the drinking water SRF, to provide financial assistance to borrowers for
				wastewater projects and drinking water projects.