North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-35 - Revolving Loan Fund › Chapter 33-35-01 - State Water Pollution Control Revolving Fund › Section 33-35-01-01 - 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 amended 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 the North Dakota Century Code chapter 6-09.
3. "Bond bank" means the North Dakota municipal bond bank
				  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 North Dakota state department of
				  health and consolidated laboratories operating through the division of water
				  supply and pollution control.
6. "Director" means the director of the division of water
				  supply and pollution control, North Dakota state department of health and
				  consolidated laboratories.
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 municipal bond
				  bank 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, but is not limited to, 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
Law Implemented: NDCC
					 61-28.2-01