Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 633 - Drinking Water State Revolving Fund › Subchapter 1 - General Provisions › Section 252:633-1-5 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this Chapter,
				  shall have the following meaning, unless the context clearly indicates
				  otherwise:
"Applicant"
means the entity applying or having
				  applied to the DEQ for financial assistance under the provisions of this
				  Chapter and 82 O.S. §§ 1085.71-1085.84 .
"Application"
means the application process or
				  procedure through which an applicant applies for financial assistance. In
				  context, this word shall also be understood to refer to the written application
				  document(s), with attachments, through which application for financial
				  assistance is made.
"Binding commitment"
means legal obligations by
				  the State to the local recipient that define the terms and the timing for
				  assistance under the DWSRF.
"Building"
means the erection, acquisition,
				  alteration, remodeling, improvement or extension of drinking water
				  systems.
"Capitalization grant"
means an agreement
				  between EPA and State by which federal dollars are made available to partially
				  fund a Drinking Water State Revolving Fund (DWSRF).
"Comprehensive Project Priority List (Project Priority
				  List)"
means a list of all projects requesting funds from the DWSRF,
				  ranked in order of priority for funding for which DWSRF assistance is expected
				  during a five-year planning period.
"Construction"
means any one or more of the
				  following: Preliminary planning to determine the feasibility of drinking water
				  systems, engineering, architectural, legal, fiscal, or economic investigations
				  or studies, surveys, designs, plans, working drawings, specifications,
				  procedures, or other necessary actions, building, or the inspection or
				  supervision of any of these items.
"Contingency section"
means that portion of the
				  fundable list consisting of projects which may receive loans due to bypass
				  provision or due to additional funds becoming available.
"DBE"
means disadvantaged business
				  enterprise.
"DEQ"
means Department of Environmental
				  Quality.
"Drinking Water Treatment Project"
means:
(A) any engineering undertaking or work to control or develop
				  drinking water treatment facilities of eligible entities,
(B) any system necessary to improve or develop drinking water
				  supply, treatment or distribution capabilities, or
(C) any implementation of water source protection programs as
				  authorized by the federal Safe Drinking Water Act.
"DWSRF"
means Drinking Water State Revolving
				  Fund, sometimes referred to as the Fund.
"Eligible entity"
means those applicants
				  determined by the DEQ and OWRB to be eligible for financial assistance from
				  OWRB to finance approved projects.
"Engineering services"
means consultation,
				  investigations, reports, or services for design-type projects within the scope
				  of the practice of architecture or professional engineering.
"EPA"
means the Environmental Protection
				  Agency.
"Equivalency projects"
means those projects,
				  selected by the DEQ as meeting the requirements of the federal capitalization
				  grant.
"Financial assistance"
means the act, process or
				  program of DEQ or OWRB participation in the loaning, granting of, or
				  contracting for, financial assistance funds to an applicant for the financing
				  of a DEQ approved project.
"Fundable List"
means projects listed on the
				  Project Priority List which have met all the requirements for funding and
				  includes projects scheduled for financial assistance during the funding
				  year.
"Funding year"
means the first year of the
				  planning period represented by a project priority list.
"Initiation of operation"
means the date
				  specified by the recipient on which use of the project begins.
"Intended Use Plan"
(IUP) means a document
				  prepared each year by the DEQ, which identifies the intended uses of the funds
				  in the DWSRF and program set-asides and describes how those uses support the
				  goals of the DWSRF.
"Loan"
means an agreement between the OWRB and
				  the local recipient through which the DWSRF provides funds for eligible
				  assistance, and the recipient promises to repay the principal sum to the DWSRF
				  over a period not to exceed the length of the loan at an interest rate
				  established at or below market rates (may be interest free).
"MBE"
means minority business enterprise.
"MBE/WBE participation"
means the federal
				  requirement for negotiation of a "fair share" objective for minority and women
				  owned businesses (MBE/WBE).
"MGD"
means million of gallons per day.
"OAC"
means the Oklahoma Administrative
				  Code.
"Operation and maintenance"
means activities
				  required to assure the dependable and economical function of water
				  systems.
(A)
"Maintenance"
means preservation of
				  functional integrity and efficiency of equipment and structures. This includes
				  preventive activities, corrective actions and replacement of equipment.
(B)
"Operation"
means control of the unit
				  processes and equipment that make up the drinking water system. This includes
				  financial and personnel management, records, laboratory control, process
				  control, safety and emergency operation planning.
"O.S."
means Oklahoma Statutes.
"OWRB"
means Oklahoma Water Resources
				  Board.
"Planning"
means the process of evaluating
				  alternative solutions to drinking water system problems, and through a
				  systematic screening procedure, selecting the most cost effective
				  alternative.
"Pledge"
means the act or process through which
				  an applicant commits, obligates and encumbers its property, real or personal,
				  or its revenues, existing or anticipated, all being of or from the projects or
				  otherwise, to the OWRB as security and means for repayment of the loan made to
				  the applicant by the OWRB.
"Project"
means the scope of work for which
				  DWSRF assistance is provided.
"Project completion"
means the date of the final
				  inspection of the project, certifying that the construction of the project is
				  complete and that the constructed system is considered fully
				  operational.
"Project cost"
means applicant's direct and
				  incidental costs of acquiring, constructing and furnishing the project.
"Project priority points"
means the total number
				  of points assigned to a project by using the priority ranking formula.
"Recipient"
means a municipality or other entity
				  that receives assistance under the DWSRF program.
"Revenue programs"
means a formally documented
				  determination of water use charges which is designed to provide revenues for
				  operation and maintenance (including replacement) cost, and/or any combination
				  of revenue generating programs necessary to meet local debt service
				  requirements.
"State match"
means funds equaling at least 20%
				  of the amount of the capitalization grant which the State must deposit into the
				  DWSRF.
"User charge"
means a charge levied on users of
				  a water supply for the user's share of the cost of operation and maintenance
				  (including replacement) of such works.
"Water System"
means a water treatment plant,
				  water wells, intake structures, raw water lines and all related pipelines or
				  conduits, pumping stations and mains and all other appurtenances and devices
				  used for distributing drinking water to the public.
"WBE"
means women business enterprise.
Added at 14 Ok Reg 1139,
				  eff 3-18-97 (emergency); Added at 14 Ok Reg 1690, eff 6-2-97; Amended at 15 Ok
				  Reg 1957, eff 6-1-98; Amended at 25 Ok Reg 1140, eff
				  7-1-08