North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-35 - Revolving Loan Fund › Chapter 33.1-35-01 - State Water Pollution Control Revolving Fund › Section 33.1-35-01-01 - Definitions

Current through Supplement No. 393, July, 2024
For the purpose of this chapter, the following definitions
				  apply:
1. "Act" means the federal
				Water Pollution Control Act of 1972, Public Law 92-500, as Adopted by the Water
				Quality Act of 1987 [ Pub. L. 100-4; 33 U.S.C. 1251-1376 ].
2. "Bank of North Dakota" means the Bank of
				North Dakota as created by North Dakota Century Code chapter 6-09.
3. "Public finance authority" means the North
				Dakota public finance authority created by North Dakota Century Code chapter
				6-09.4, or a public body and instrumentality of the state which succeeds to the
				powers, duties, and functions of the bond bank.
4. "Construction" means the erection,
				acquisition, alteration, reconstruction, improvement, or extension of
				wastewater treatment works or section 319 projects, including preliminary
				planning to determine the economic feasibility; the engineering, architectural,
				legal, fiscal, and economic investigations and studies; surveys; designs;
				plans; procedures; and other similar action necessary in the building and
				inspection supervision of the construction of wastewater treatment works or
				section 319 projects.
5.
				"Department" means the department of environmental quality.
6. "Director" means the director of the
				division of municipal facilities, the department of environmental
				quality.
7. "Facility plan" means
				an engineering evaluation of present and future treatment needs, an evaluation
				of several treatment alternatives, and the selection and justification of a
				final treatment alternative.
8.
				"Financial agent" means the North Dakota public finance authority or such other
				agent as the department selects.
9.
				"Financial assistance" means the lending of funds from the state revolving fund
				by the department and its financial agent to a political subdivision through
				the purchase of its bond, note, warrant, or other evidence of indebtedness
				issued to finance or refinance all or part of the construction of wastewater
				treatment works or section 319 projects. Financial assistance also includes all
				other forms of eligible assistance under the Act.
10. "Intended use plan" means a document
				prepared annually by the department on behalf of the state which provides
				assurances and specific proposals, including a list of potential projects
				eligible for assistance from the state revolving fund and a federal payment
				schedule.
11. "Political
				subdivision" means any municipality, intermunicipal or interstate agencies, or
				any other entity constituting a political subdivision under the laws of North
				Dakota.
12. "Project cost" means
				the cost of construction of wastewater treatment works and the capitalized
				interest necessary for the construction financing.
13. "Section 319 project" means a project
				authorized and undertaken in conformance with section 319 of the Act [
				33 U.S.C.
				1329 ] that uses some form of land treatment,
				watershed treatment, or best management practices to improve water
				quality.
14. "State revolving fund"
				means the state water pollution control revolving loan fund as established in
				North Dakota Century Code chapter 61-28.2.
15. "Wastewater treatment works" means a
				facility used for the disposal of pollutants which may include wastewater
				treatment facilities, infiltration or inflow correction, major sewer system
				rehabilitation, new collector sewers, new interceptors and appurtenances,
				combined sewer correction, and storm sewer projects.
General Authority:
NDCC 61-28.2-01; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 61-28.2-01; S.L. 2017,
					 ch. 199, § 70