Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 54 - CLEAN WATER STATE REVOLVING FUND PROGRAM › Section 340-054-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions apply to this rule division:
(1) "Applicant" means a public agency or
			 qualified institution that has applied for a CWSRF loan under this
			 division.
(2) "Available sewer" has
			 the meaning given in ORS
			 454.779.
(3) "Borrower" means a public agency or
			 qualified institution that has signed a CWSRF loan agreement with
			 DEQ.
(4) "Change order" means a
			 written order, and supporting information from a borrower, to a borrower's
			 contractor authorizing an addition, deletion or revision in the work within the
			 scope of the contract documents, including any required adjustment in contract
			 price or time.
(5) "Checklist of
			 loan application requirements" means a list that DEQ provides of all documents
			 an applicant must submit to DEQ to receive a loan offer under this
			 division.
(6) "Clean Water Act" or
			 "CWA" means the federal Water Pollution Control Act,
			 33 U.S.C. §
									1251- §
								1387.
(7) "Clean Water State Revolving Fund" or
			 "CWSRF" means the Water Pollution Control Revolving Fund established under ORS
			 468.427.
(8) "Community development financial
			 institution borrower" or "CDFI Borrower" means a qualified institution that has
			 signed a CWSRF loan agreement with DEQ.
(9) "Community development financial
			 institution loan" or "CDFI loan" means a loan with proceeds made available from
			 a CWSRF loan that a qualified institution uses to finance projects to (i)
			 repair or replace failing on-site septic systems or (ii) replace failing
			 on-site septic systems with connections to an available sewer.
(10) "Construction" means erecting,
			 installing, expanding or improving a wastewater or stormwater facility,
			 nonpoint source control activity or estuary management project, and includes
			 demolishing an obsolete facility.
(11) "Cross-cutting authorities" means
			 requirements of federal laws and Executive Orders that apply to projects and
			 activities funded under the CWSRF program.
(12) "Default" means failing to pay
			 principal, interest or annual fees, or to comply with other CWSRF loan terms or
			 provisions, and includes filing bankruptcy or other written admission of an
			 inability to satisfy a borrower's obligations under a CWSRF loan.
(13) "DEQ" means the Oregon Department of
			 Environmental Quality.
(14)
			 "Design" means preparing engineering drawings and specifications for the
			 proposed construction, and may include pre-design activities.
(15) "Eligible recipient" means public agency
			 with the meaning given in ORS
			 468.423.
(16) "EPA" means the U.S. Environmental
			 Protection Agency.
(17) "Estuary
			 management" means implementing actions identified in a Comprehensive
			 Conservation Management Plan developed for a designated national
			 estuary.
(18) "Failing on-site
			 septic system" means an on-site septic system that discharges untreated or
			 incompletely treated sewage or septic tank effluent directly or indirectly onto
			 the ground surface or into public waters or that creates a public health
			 hazard.
(19) "Federal loans" are
			 loans DEQ designates yearly in its Intended Use Plan that represent projects
			 that are funded with monies directly made available by the federal
			 capitalization grant for the associated federal fiscal year.
(20) "Local community loan" means a loan, the
			 proceeds of which a public agency uses to establish a local financial program
			 that will fund an eligible nonpoint source control or estuary management
			 activity.
(21) "Maintenance" means
			 regularly scheduled work performed to repair, replace or upgrade equipment in a
			 facility, or to prevent or correct a failure or a malfunction of a wastewater
			 or stormwater facility, nonpoint source control or estuary management
			 project.
(22) "Natural
			 infrastructure" means using a natural form and ecosystem function to restore or
			 augment a project's intended water quality benefits.
(23) "Nonpoint source" has the meaning given
			 in ORS 468B.005.
(24) "Nonpoint source control" means
			 implementing a nonpoint source control activity under section 319 of the Clean
			 Water Act and 40 C.F.R.
			 §
									35.3115(b) that is
			 included in the Oregon Nonpoint Source Management Program Plan.
(25) "On-site septic system" means a
			 subsurface on-site sewage treatment and disposal system, including, but not
			 limited to, alternative sewage disposal systems, nonwater-carried sewage
			 disposal facilities and subsurface sewage disposal systems as those terms are
			 defined in ORS 454.605.
(26) "Operation" means controlling wastewater
			 collection system pumping stations and wastewater facility treatment unit
			 processes, controlling equipment and processes of stormwater facilities,
			 nonpoint source control and estuary management projects, and the financial and
			 personnel management, records, laboratory control, process control, safety, and
			 emergency planning for these facilities and projects.
(27) "Planning" means monitoring, data
			 collection and measurement, evaluation, analysis, security evaluations, report
			 preparation, environmental review, public education and review process and any
			 other activity leading to a written plan for providing a wastewater or
			 stormwater facility, nonpoint source control or estuary management project
			 intended to remediate an existing or anticipated water pollution problem, but
			 does not include the preparation of detailed bid documents for
			 construction.
(28) "Point source"
			 has the meaning given in ORS
			 468B.005.
(29) "Principal forgiveness" means additional
			 subsidization that allows a borrower to repay only a specified portion of the
			 loan principal.
(30) "Project"
			 means the activities or tasks identified in a loan application or a loan
			 agreement for which a borrower may expend or obligate funds.
(31) "Project period" means the timeframe a
			 project may be financed by a CWSRF loan.
(32) "Public agency" has the meaning given in
			 ORS 468.423.
(33) "Public agency borrower" means a public
			 agency that has signed a CWSRF loan agreement with DEQ.
(34) "Qualified institution" has the meaning
			 given in ORS 468.423.
(35) "Ready to proceed" means, in regard to a
			 project, that a loan applicant's project details have been published in the
			 Intended Use Plan under OAR 340-054-0025(3)-
								340-054-0025(5)  and the applicant
			 has met all loan requirements set out in OAR 340-054-0022.
(36) "Replacement" means obtaining and
			 installing equipment, accessories or appurtenances necessary for operating a
			 wastewater or stormwater facility, nonpoint source control or estuary
			 management project in order to maintain a facility or project for the purpose
			 for which it was designed and constructed during its useful life, but does not
			 mean replacing a facility or project at the end of its useful life.
(37) "Small community" means a public agency
			 serving a population of 10,000 or less.
(38) "Sponsorship option" means DEQ's
			 financing mechanism that allows a public agency with the authority to finance
			 and implement a wastewater facility project and an eligible nonpoint source
			 control or estuary management activity to be financed through one combined
			 CWSRF application.
(39)
			 "Stormwater" means water runoff from a precipitation event, snowmelt runoff,
			 and surface runoff and drainage.
(40) "Sub-borrower" means a responsible party
			 that signs a sub-loan.
(41)
			 "Sub-loan" means a loan issued to a sub-borrower by a borrower using CWSRF loan
			 proceeds.
(42) "Sustainability"
			 means the long term reliability and viability of finance, operations,
			 environmental performance or technology, or using natural
			 infrastructure.
(43) "Treatment
			 works" has the meaning given in ORS
			 468.423.
(44) "Wastewater" has the meaning given for
			 "sewage" in ORS 468B.005.
(45) "Wastewater collection system" means
			 publicly owned pipelines, conduits, pumping stations, force mains and any other
			 related structures, devices or equipment used to convey wastewater to a
			 wastewater treatment facility.
(46)
			 "Wastewater facility" means a wastewater collection system or wastewater
			 treatment facility.
(47)
			 "Wastewater treatment facility" means a publicly owned plant, device, structure
			 or equipment used to treat, neutralize, stabilize, reuse or dispose of
			 wastewater and treatment residuals.
(48) "Water quality standards" means the
			 surface water standards established in OAR 340-041 and the minimum groundwater
			 protection requirements established in OAR 340-040.
The Intended Use Plan referenced is available from the
				  agency. View a PDF of the Oregon Nonpoint Source Management Program by clicking
				  on the "Tables" link below.
To view attachments referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  468.020 & 468.440
Statutes/Other Implemented: ORS
				  468.423 -
				  468.440