North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33.1-24-08-95 - Local government financial test

Current through Supplement No. 393, July, 2024
1. A local
				government owner or operator may satisfy the requirements of section
				33.1-24-08-83 by passing the
				financial test specified in this section. To be eligible to use the financial
				test, the local government owner or operator must have the ability and
				authority to assess and levy taxes or to freely establish fees and charges. To
				pass the local government financial test, the owner or operator must meet the
				criteria of subdivision b of subsection 2 and subdivision c of subsection 2
				based on year-end financial statements for the latest completed fiscal
				year.
2. The local government owner
				or operator must have the following information available, as shown in the
				year-end financial statements for the latest completed fiscal year:
a. The following apply:
(1) Total revenues: Consists of the sum of
				general fund operating and nonoperating revenues, including net local taxes,
				licenses and permits, fines and forfeitures, revenues from use of money and
				property, charges for services, investment earnings, sales (property,
				publications, etc.), intergovernmental revenues (restricted and unrestricted),
				and total revenues from all other governmental funds including enterprise, debt
				service, capital projects, and special revenues, but excluding revenues to
				funds held in a trust or agency capacity. For purposes of this test, the
				calculation of total revenues shall exclude all transfers between funds under
				the direct control of the local government using the financial test (interfund
				transfers), liquidation of investments, and issuance of debt.
(2) Total expenditures: Consists of the sum
				of general fund operating and nonoperating expenditures, including public
				safety, public utilities, transportation, public works, environmental
				protection, cultural and recreational, community development, revenue sharing,
				employee benefits and compensation, office management, planning and zoning,
				capital projects, interest payments on debt, payments for retirement of debt
				principal, and total expenditures from all other governmental funds including
				enterprises, debt service, capital projects, and special revenues. For purposes
				of this test, the calculation of total expenditures shall include all transfers
				between funds under the direct control of the local government using the
				financial test (interfund transfers).
(3) Local revenues: Consists of total
				revenues minus the sum of all transfers from other governmental entities,
				including all moneys received from federal, state, or local government
				sources.
(4) Debt service: Consists
				of the sum of all interest and principal payments on all long-term credit
				obligations and all interest-bearing short-term credit obligations. Includes
				interest and principal payments on general obligation bonds, revenue bonds,
				notes, mortgages, judgments, and interest-bearing warrants. Excludes payments
				on noninterest-bearing short-term obligations, interfund obligations, amounts
				owed in a trust or agency capacity, and advances and contingent loans from
				other governments.
(5) Total funds:
				Consists of the sum of cash and investment securities from all funds, including
				general, enterprise, debt service, capital projects, and special revenue funds,
				but excluding employee retirement funds, at the end of the local government's
				financial reporting year. Includes federal securities, federal agency
				securities, state and local government securities, and other securities such as
				bonds, notes, and mortgages. For purposes of this test, the calculation of
				total funds shall exclude agency funds, private trust funds, accounts
				receivable, value of real property, and other nonsecurity assets.
(6) Population: Consists of the number of
				people in the area served by the local government.