reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 50 - Financial Assistance › Subchapter 5 - Applications for Financial Assistance › Section 785:50-5-1 - Application form and required information

Current through Vol. 41, No. 20, July 1, 2024
(a)
Application form.
(1) Printed financial assistance application forms for the Water and Sewer
										program shall be, to the extent deemed appropriate, furnished by the Board.
(2) Printed financial assistance application forms for the CWSRF program
										authorized in 82 O.S., §§1085.51 through 1085.65 shall be developed by the Board and furnished to
										applicants to be completed by the applicants and submitted to the Board.
(3) Printed financial assistance application forms for the DWSRF program
										authorized in 82 O.S. §§1085.71 through 1085.84 shall be developed by the Board and furnished to
										Department and applicants to be completed by the applicants and submitted to the Board.
(4) Printed financial assistance application forms for the Rural Economic
										Action Plan grant program shall be developed by the Board and furnished to qualified entities and COGs to be
										completed by the qualified entities or COGs and submitted to the Board.
(5) All applications for financial assistance must be completed by the
										applicant either on written forms as may be provided by the Board or in such other written from as the Board
										may require.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 50 - Financial Assistance › Subchapter 5 - Applications for Financial Assistance › Section 785:50-5-2 - Application verification and approval

Current through Vol. 41, No. 20, July 1, 2024
All applications for financial assistance must be duly verified and
											  acknowledged by the applying entity (authorized representative) at the time of submission.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 50 - Financial Assistance › Subchapter 6 - Water and Sewer Program Emergency Grants Requirements and Procedures › Section 785:50-6-1 - Approval criteria

Current through Vol. 41, No. 20, July 1, 2024
(a)
General approval standards and criteria.
In the review and
										consideration of applications for financial assistance under the emergency grant program, the Board shall
										give consideration to the following general and non-exclusive criteria for application approval:
(1)
Compliance with laws.
The application and proposed project
										must be found to be in compliance with all applicable and relevant federal, state and local laws and
										regulations, and applicant must possess all necessary and incidental legal rights and privileges necessary to
										project commencement and operation.
(2)
Eligibility.
The applicant and proposed project must be determined to be eligible for the
										assistance sought.
(3)
Local need, support and
										priority.
The project must be found to be needed in the area to be served and must be found to be
										sufficient, as proposed, to serve such needs. The Board shall additionally consider the project's relative
										benefit and priority in relation to the needs of other proposed projects and applicants.
(4)
Availability of other assistance.
The Board shall consider
										the feasibility and availability of alternative sources of revenue which could be obtained and utilized by
										applicant for project financing.
(5)
Economic
										feasibility.
The Board shall consider the overall apparent economic viability and feasibility of the
										project as a whole including proposed revenues from the project and the adequacy and reliability of estimated
										revenues necessary for loan repayment when indicated.
(6)
Project feasibility.
The Board shall consider from the engineering data submitted and otherwise
										available whether the proposed project appears to be feasible, and must determine as a prerequisite for
										approval and funding that it is cost effective.
(7)
Statewide needs and public interest.
The Board shall give consideration to the relationship
										between the proposed project and the overall water resource development needs within the State of Oklahoma as
										well as to whether the proposed project, if constructed, will serve the public interest and welfare.
(8)
Availability of funds.
The Board shall take
										into consideration the current and anticipated availability of assistance funds needed to provide the
										financial assistance requested.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 50 - Financial Assistance › Subchapter 6 - Water and Sewer Program Emergency Grants Requirements and Procedures › Section 785:50-6-2 - Evaluation procedures for grant applications

Current through Vol. 41, No. 20, July 1, 2024
(a) In evaluating a grant request under the water and sewer program, a
										determination shall be made as to whether an emergency situation exists. For the purposes of this
										determination, an emergency situation shall be a situation where the life, health or property of the persons
										served by the entity are endangered. An emergency will be deemed no longer to exist, and a grant application
										based thereon will not be approved nor funded, after the passage of 180 days following the date the emergency
										last occurred, unless the Board finds, upon evidence satisfactory to the Board, that the emergency continues
										to exist as the date of approval and the date of funding.
(b) No
										emergency may be determined by the Board to exist absent an official declaration of emergency by the entity
										requesting the grant. The entity's declaration of emergency must be furnished to the Board and must set forth
										and described, among other matters, the nature and circumstances of the emergency.
(c) In addition to determining whether an emergency situation exists, the
										Board shall, in evaluating a grant request, take into consideration the following:
(1) The needs of the area to be served by the project and the benefit of
										the project to the area in relation to the needs of other areas requiring state assistance;
(2) Whether the political subdivision can reasonably finance the project
										without assistance from the state;
(3) The relationship of the
										project to the overall statewide water and sewage treatment needs; and
(4) Whether or not the applicant has taken all reasonable measure to limit
										waste and conserve water.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 50 - Financial Assistance › Subchapter 6 - Water and Sewer Program Emergency Grants Requirements and Procedures › Section 785:50-6-3 - Emergency grant priority point system

Current through Vol. 41, No. 20, July 1, 2024
(a)
Basis of priority system and formula.
(1)
General description.
The priority system consists of a
										mathematical equation rating the applicants and the proposed project in accordance with the requirements of
										the statutes by means of a formula awarding points for each criteria used in the evaluation. The maximum
										point total under the system is one hundred twenty (120). The Board may consider each month, and in order
										from the highest rating, those applications awarded point ratings of 60 or more priority points. If the Board
										determines that the applicant with the highest point rating cannot promptly proceed with the project due to
										delays, including but not limited to those caused by legal problems, engineering problems, feasibility
										problems or availability of other funding sources, the Board may pass over consideration of such application
										then proceed to consider in order the next highest rated application. Applications which are bypassed shall
										retain their ratings and thus remain eligible for further consideration. Applications preliminarily
										determined by Board staff to have point ratings of 59 or fewer shall be deemed denied; provided, such
										applications may be reevaluated if the applicant submits additional information showing changed circumstances
										within 120 days after the date of staff's determination, and such information improves the applicant's
										preliminary point rating.
(2)
Statutory criteria.
The basis of the priority formula has been developed from the enacting legislation. The two primary statutory
										criteria are:
(A) The emergency situation of the applicant.
(B) Whether or not the applicant can reasonably finance the project without
										assistance from the state.
(3)
Total priority
										points.
Total priority points will be calculated and awarded for individual projects; therefore,
										eligible entities will be required to complete separate applications for each project for which grant funds
										are requested. Priority lists compiled and published by other Oklahoma State agencies and/or seniority dates
										of applications submitted shall be utilized to decide ties in point totals among applicants.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 50 - Financial Assistance › Subchapter 6 - Water and Sewer Program Emergency Grants Requirements and Procedures › Section 785:50-6-4 - Disbursement of grant funds

Current through Vol. 41, No. 20, July 1, 2024
(a) Notwithstanding and in addition to the provisions set out in (a) of
										this Section, the following specific provisions shall apply in all instances of the disbursement of grant
										(financial assistance) funds under the Water and Sewer Financial Assistance Program.
(b) Upon approval of a grant application, the Board shall furnish to the
										applicant a letter notice of grant approval and Board commitment. The notice and commitment shall advise the
										applicant that the grant application has been formally and officially approved by the Board and that the
										grant funds approved shall be made available to the applicant by the Board for such purposes and upon such
										other terms and conditions as the Board may require.
(c) Within
										ninety (90) days following the date of the letter notice of approval, the applicant shall file with the Board
										an acceptable bid for completion of the proposed project. Where determined necessary and appropriate, the
										Board or its staff may permit additional time to file such a bid; provided, notwithstanding any approval of
										additional time, if such a bid is not filed within one (1) year following the date of Board approval of the
										application, then the Board's approval shall expire and no funds shall be released; provided, however, if an
										acceptable bid for completion has not been filed due to circumstances that lay outside the applicant's
										control, the applicant may request, and the Board may approve or deny, a one-time extension of time not to
										exceed six months to file an acceptable bid. Provided further, in the event of such expiration the applicant
										may file a new application which shall be subject to due consideration on its own merit.
(d) For purposes of final disbursement of funds to the applicant, the grant
										amount initially approved may be lowered by the Board based on actual project costs.
(e) As the Board may determine and direct, grant funds may be disbursed to
										the applicant in installments or in lump sum, and may be disbursed prior to, during or upon completion of the
										project, all as deemed appropriate under the project circumstances presented. However, prior to the
										disbursement of any grant funds to the applicant, the applicant must:
(1)
										Submit to the Board such evidence as the Board may require to establish that the emergency continues to
										exist; and
(2) Establish, in such manner as is acceptable to the
										Board or its staff, a special and separate federally insured fund or account (within applicant's accounting
										system) in and through which the grant proceeds shall be administered and accounted for by the
										applicant.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 50 - Financial Assistance › Subchapter 7 - Water and Sewer Program (State Loan Program Revenue Bond) Requirements and Procedures › Section 785:50-7-1 - General procedures

Current through Vol. 41, No. 20, July 1, 2024
(a)
General procedures.
The general procedure to be followed
										in the financial assistance application, review and consideration process for financial assistance under the
										water and sewer program authorized by 82 O.S., §§1085.31 through 1085.49 shall be as follows:
(1)
Pre-application conference.
(A) While not specifically required, all potential applicants are
										encouraged to initially contact the Board for purposes of making arrangements for participating in a
										pre-application conference between Board staff, applicant (or representative), applicant's legal, financial,
										engineering advisors, and such other persons whose attendance and participation may be deemed appropriate and
										beneficial.
(B) At the pre-application conference, preliminary
										matters respecting the applicant, the proposed project and the application for assistance may be generally
										discussed in an effort to familiarize all concerned parties with the financial assistance program and
										applicable application requirements and procedures.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 50 - Financial Assistance › Subchapter 7 - Water and Sewer Program (State Loan Program Revenue Bond) Requirements and Procedures › Section 785:50-7-2 - Approval criteria

Current through Vol. 41, No. 20, July 1, 2024
(a)
General approval standards and criteria.
In the review and
										consideration of applications for financial assistance under the water and sewer program, the Board shall
										give consideration to the following general and non-exclusive criteria for application approval:
(1)
Compliance with laws.
The application and proposed project
										must be found to be in compliance with all applicable and relevant federal, state and local laws and
										regulations, and applicant must possess all necessary and incidental legal rights and privileges necessary to
										project commencement and operation.
(2)
Eligibility.
The applicant and proposed project must be determined to be eligible for the
										assistance sought.
(3)
Local need, support and
										priority.
The project must be found to be needed in the area to be served and must be found to be
										sufficient, as proposed, to serve such needs. The Board shall additionally consider the project's relative
										benefit and priority in relation to the needs of other proposed projects and applicants.
(4)
Availability of other assistance.
The Board shall consider
										the feasibility and availability of alternative sources of revenue which could be obtained and utilized by
										applicant for project financing.
(5)
Economic
										feasibility.
The Board shall consider the overall apparent economic viability and feasibility of the
										project as a whole including proposed revenues from the project and the adequacy and reliability of estimated
										revenues necessary for loan repayment when indicated.
(6)
Project feasibility.
The Board shall consider from the engineering data submitted and otherwise
										available whether the proposed project appears to be feasible, and must determine as a prerequisite for
										approval and funding that it is cost effective.
(7)
Statewide needs and public interest.
The Board shall give consideration to the relationship
										between the proposed project and the overall water resource development needs within the State of Oklahoma as
										well as to whether the proposed project, if constructed, will serve the public interest and welfare.
(8)
Availability of funds.
The Board shall take
										into consideration the current and anticipated availability of assistance funds needed to provide the
										financial assistance requested.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 50 - Financial Assistance › Subchapter 7 - Water and Sewer Program (State Loan Program Revenue Bond) Requirements and Procedures › Section 785:50-7-3 - Evaluation procedures for grant applications [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 9 Ok Reg 1683, eff
											  5-11-92; Amended at 12 Ok Reg 2715, eff 7-1-95; Amended at 13 Ok Reg 777, eff 11-29-95 (emergency); Amended
											  at 13 Ok Reg 1753, eff 5-28-96; Amended at 15 Ok Reg 2881, eff 7-1-98; Amended at 18 Ok Reg 2247, eff 7-1-01;
											  Amended at 24 Ok Reg 2453, eff 6-25-07
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 50 - Financial Assistance › Subchapter 7 - Water and Sewer Program (State Loan Program Revenue Bond) Requirements and Procedures › Section 785:50-7-4 - Evaluation procedures for funding special projects

Current through Vol. 41, No. 20, July 1, 2024
The following evaluation and selection criteria shall be considered by
											  the Board in reviewing applications for special projects contract financial assistance under the water and
											  sewer program:
(1) The needs of the area to be served by the project
										in relation to the needs of other areas requiring state assistance;
(2) The benefit of the project to the area to be served by the
										project;
(3) Whether the applicant has previously received
										financial assistance by a grant from the Board;
(4) The extent of
										local participation, if any, in the project.
(5) As a
										prerequisite for application approval and funding, the project must be cost effective.
Amended at 15 Ok Reg 2881, eff
											  7-1-98
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 50 - Financial Assistance › Subchapter 7 - Water and Sewer Program (State Loan Program Revenue Bond) Requirements and Procedures › Section 785:50-7-5 - Emergency grant priority point system [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 9 Ok Reg 1683, eff 5-11-92 ; Amended at 10 Ok Reg 3361,
													 eff 6-25-93 ; Amended at 12 Ok Reg 2715, eff 7-1-95 ; Amended at 13 Ok Reg 777, eff 11-29-95 (emergency) ;
													 Amended at 13 Ok Reg 1753, eff 5-28-96 ; Amended at 14 Ok Reg 2788, eff 7-1-97 ; Amended at 15 Ok Reg 2881,
													 eff 7-1-98 ; Amended at 16 Ok Reg 2691, eff 7-1-99 ; Amended at 17 Ok Reg 2772, eff 7-1-00 ; Amended at 18 Ok
													 Reg 2247, eff 7-1-01 ; Amended at 23 Ok Reg 3086, eff 7-27-06 ; Amended at 24 Ok Reg 2453, eff 6-25-07 ;
													 Amended at 26 Ok Reg 1715, eff 6-11-09 ; Amended at 30 Ok Reg 977, eff
													 6-13-13
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 50 - Financial Assistance › Subchapter 7 - Water and Sewer Program (State Loan Program Revenue Bond) Requirements and Procedures › Section 785:50-7-6 - Terms and conditions

Current through Vol. 41, No. 20, July 1, 2024
(a)
Limitation.
(1) For an
										approved project and application for financial assistance under the water and sewage program, the Board is
										authorized to loan and advance to the applicant sufficient funds as are necessary and approved for the
										project in compliance with applicable provisions of indentures for bonds or investments certificates issued
										by the Board to provide funding for such loans.
(2) The Board may
										not make grants exceeding the total amount of One Hundred Thousand Dollars ($100,000.00) to any single
										eligible entity during any fiscal year.
(3) The Board shall not
										approve nor fund more than one emergency grant to any eligible entity in any twelve month period.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 50 - Financial Assistance › Subchapter 7 - Water and Sewer Program (State Loan Program Revenue Bond) Requirements and Procedures › Section 785:50-7-7 - Disbursement of funds

Current through Vol. 41, No. 20, July 1, 2024
(a)
Conditions for disbursement.
(1) After an application for financial assistance under the program
										authorized by Sections 1085.31 through 1085.49 of Title 82 of the Oklahoma Statutes has been approved by the
										Board, the following conditions and requirements shall be met prior to the release and disbursement of any
										assistance funds:
(A) Unless otherwise provided and approved by the Board
										Staff, applicant must submit to the Board all plans, specifications and engineering reports for the project
										for staff approval all of which shall be complete and in sufficient detail as would be required for
										submission of the project to a contractor for bidding or contracting the project.
(B) Applicant and Board, and all other necessary parties, shall have
										executed all necessary and incidental instruments and documents for loan closing, including but not limited
										to all mortgages, notes, financing statements and pledges of project security and revenues where
										appropriate.
(C) If not previously provided, applicant shall
										provide Board with a written and verified statement setting forth:
(i) the
										amount of funds necessary for release and disbursement at closing which funds are needed for initial
										commencement of the project; and,
(ii) information reflecting the
										reasonable availability of and/or a commitment from all other revenue or funding sources needed to finance
										and complete the project.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 50 - Financial Assistance › Subchapter 8 - Rural Economic Action Plan (Reap) Grant Program Requirements and Procedures › Section 785:50-8-1 - Program description

Current through Vol. 41, No. 20, July 1, 2024
The Rural Economic Action Plan ("REAP") grant program is authorized by 62
											  O.S., §2003 and following. This law authorizes the Board and other governmental persons to make grants
											  to certain qualified entities for qualified project purposes according to certain requirements. This
											  Subchapter interprets and implements the law authorizing this grant program by the Board. The Board's rules
											  applicable to REAP grants shall be construed so as to consider only the REAP grant program administered by
											  the Board, and shall not be construed so as to consider REAP grant programs administered by other
											  governmental persons.
Added at 13 Ok Reg 3733, eff 7-18-96
											  (emergency); Added at 14 Ok Reg 2788, eff 7-1-97; Amended at 15 Ok Reg 54, eff 10-3-97 (emergency); Amended
											  at 15 Ok Reg 2881, eff 7-1-98
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 50 - Financial Assistance › Subchapter 8 - Rural Economic Action Plan (Reap) Grant Program Requirements and Procedures › Section 785:50-8-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this Subchapter, shall have
											  the following meaning, unless the context clearly indicates otherwise:
"Applicant"
meansa qualified entity which submits an
											  application for a REAP grant on its own behalf, or for whom an application is submitted by a COG; a COG shall
											  be deemed not to be an applicant.
"COG"
means one of the following organizations:
(A) Association of Central Oklahoma Governments;
(B) Association of South Central Oklahoma Governments; (C) Central
											  Oklahoma Economic Development District;
(D) Eastern Oklahoma Economic Development District;
(E) Grand Gateway Economic Development Association;
(F) Indian Nations Council of Governments;
(G) Kiamichi Economic Development District;
(H) Northern Oklahoma Development Association;
(I) Oklahoma Economic Development Association;
(J) Southern Oklahoma Development Association; and
(K) South Western Oklahoma Development Authority.
"Customer"
means a single household or commercial unit, and
											  does not mean any service unit which provides or enables utility service for more than one household,
											  residence, or industry.
"Project"
means, in addition to those purposes and works
											  described in
											  785:50-3-1,
sewer line construction
											  or repair and related storm or sanitary sewer
[62:2003] works,
water line construction or
											  repair, water treatment, water acquisition, distribution or recovery and related
[62:2003]
											  works.
"Qualified entity"
means any eligible entity as defined in
											  785:50-3-2; provided, any city or town with a
											  population of 7001 or more according to the Census Population shall not be a qualified entity.
Added at 13 Ok Reg 3733, eff 7-18-96
											  (emergency); Added at 14 Ok Reg 2788, eff 7-1-97; Amended at 15 Ok Reg 54, eff 10-3-97 (emergency); Amended
											  at 15 Ok Reg 2881, eff 7-1-98
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 50 - Financial Assistance › Subchapter 8 - Rural Economic Action Plan (Reap) Grant Program Requirements and Procedures › Section 785:50-8-3 - Application review and disposition

Current through Vol. 41, No. 20, July 1, 2024
(a)
General procedures.
The general
										procedure to be followed in the financial assistance application, review and consideration process for
										financial assistance under the REAP grant program shall be as follows:
(1)
Pre-application conference.
(A) While not specifically
										required, all potential applicants are encouraged to initially contact the Board for purposes of making
										arrangements for participating in a pre- application conference between Board staff, applicant (or
										representative), applicant's legal, financial and engineering advisors and such other persons whose
										attendance and participation may be deemed appropriate and beneficial.
(B) At the pre-application conference, preliminary matters respecting the
										applicant, the proposed project and the application for assistance may be generally discussed in an effort to
										familiarize all concerned parties with the financial assistance program and applicable application
										requirements and procedures.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 50 - Financial Assistance › Subchapter 8 - Rural Economic Action Plan (Reap) Grant Program Requirements and Procedures › Section 785:50-8-5 - REAP grant priority point system

Current through Vol. 41, No. 20, July 1, 2024
(a)
Basis of priority system and formula.
(1)
General description.
The priority system consists of a
										mathematical equation rating the qualified entities and the proposed project in accordance with the
										requirements of state law by means of a formula awarding points for each criterion used in the evaluation.
										The maximum point total under the system is one hundred twenty-five(125) . The Board may consider each month,
										and in order from the highest rating, those applications awarded point ratings of 40 or more priority points.
										If the Board determines that the qualified entity with the highest point rating cannot promptly proceed with
										the project due to delays, including but not limited to those caused by legal problems, engineering problems,
										feasibility problems or availability of other funding sources, the Board may pass over consideration of such
										application then proceed to consider in order the next highest rated application. Applications which are
										bypassed shall retain their ratings and thus remain eligible for further consideration. Applications
										preliminarily determined by Board staff to have point ratings of applicant submits additional information
										showing changed circumstances within 120 days after the date of staff's determination, and such information
										improves the applicant's preliminary point rating.
(2)
Statutory criteria.
The basis of the priority formula has been developed from the enacting
										legislation. The primary statutory criteria are:
(A) There shall be a
										higher priority for any city or town with a population less than one thousand seven hundred fifty (1,750)
										according to the Census Population than for any jurisdiction with a greater population; and
(B)
Among other cities or towns, those municipalities having
										relatively weaker fiscal capacity shall have a priority for project funding in preference to other
										municipalities
[62:2003]. In order to give a priority evaluation to each applicant, the Board shall
										evaluate all applications according to the fiscal capacity criteria set forth in this Section.
(3)
Total priority points.
Total priority points
										will be calculated and awarded for individual projects. Therefore, qualified entities will be required to
										complete separate applications for each project for which grant funds are requested. Priority lists compiled
										and published by other Oklahoma State agencies and/or seniority dates of applications submitted shall be
										utilized to decide ties in point totals among qualified entities.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 50 - Financial Assistance › Subchapter 9 - Clean Water State Revolving Fund Regulations › Part 1 - GENERAL PROVISIONS › Section 785:50-9-1 - General program description and procedures [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 10 Ok Reg 3333, eff
													 7-1-93
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 50 - Financial Assistance › Subchapter 9 - Clean Water State Revolving Fund Regulations › Part 1 - GENERAL PROVISIONS › Section 785:50-9-2 - General approval standards and criteria [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 10 Ok Reg 3333, eff
													 7-1-93
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 50 - Financial Assistance › Subchapter 9 - Clean Water State Revolving Fund Regulations › Part 1 - GENERAL PROVISIONS › Section 785:50-9-3 - Terms and conditions [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 10 Ok Reg 3333, eff
													 7-1-93
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 50 - Financial Assistance › Subchapter 9 - Clean Water State Revolving Fund Regulations › Part 1 - GENERAL PROVISIONS › Section 785:50-9-4 - Disbursement of funds and conditions for disbursement [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 10 Ok Reg 3333, eff
													 7-1-93
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 50 - Financial Assistance › Subchapter 9 - Clean Water State Revolving Fund Regulations › Part 1 - GENERAL PROVISIONS › Section 785:50-9-5 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of this subchapter is to facilitate the administrative
													 and technical management of the Oklahoma Clean Water State Revolving Fund Loan Account as required by 82
													 O.S., Section 1085.51 et seq.
Added at 10 Ok Reg 3333, eff
													 7-1-93; Amended at 20 Ok Reg 2622, eff 7-11-03
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 50 - Financial Assistance › Subchapter 9 - Clean Water State Revolving Fund Regulations › Part 1 - GENERAL PROVISIONS › Section 785:50-9-6 - Introduction [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 3333, eff
													 7-1-93; Amended at 12 Ok Reg 2715, eff 7-1-95; Revoked at 15 Ok Reg 2881, eff
													 7-1-98
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 50 - Financial Assistance › Subchapter 9 - Clean Water State Revolving Fund Regulations › Part 1 - GENERAL PROVISIONS › Section 785:50-9-7 - Applicability to projects

Current through Vol. 41, No. 20, July 1, 2024
This subchapter shall apply to all public projects for which
													 application is made for financial assistance from the Clean Water State Revolving Fund Loan Account for the
													 purposes authorized by law.
Added at 10 Ok Reg 3333, eff
													 7-1-93; Amended at 12 Ok Reg 2715, eff 7-1-95; Amended at 15 Ok Reg 2881, eff 7-1-98; Amended at 17 Ok Reg
													 2772, eff 7-1-00; Amended at 20 Ok Reg 2622, eff 7-11-03
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 50 - Financial Assistance › Subchapter 9 - Clean Water State Revolving Fund Regulations › Part 1 - GENERAL PROVISIONS › Section 785:50-9-8 - Authority

Current through Vol. 41, No. 20, July 1, 2024
In order to implement the Clean Water State Revolving Fund program
													 in Oklahoma, the Legislature created the Clean Water State Revolving Fund Loan Account to be administered by
													 the Board. The rules in this Subchapter are authorized by 82 O.S., Sections 1085.51 et seq. These regulations
													 are necessary for determining the eligibility and priority of entities to receive financial assistance
													 pursuant to the Federal Clean Water Act as amended and from the Clean Water State Revolving Fund Loan
													 Account.
Added at 10 Ok Reg 3333, eff
													 7-1-93; Amended at 12 Ok Reg 2715, eff 7-1-95; Amended at 15 Ok Reg 2881, eff
													 7-1-98
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 50 - Financial Assistance › Subchapter 9 - Clean Water State Revolving Fund Regulations › Part 3 - GENERAL PROGRAM REQUIREMENTS › Section 785:50-9-20 - Program requirements

Current through Vol. 41, No. 20, July 1, 2024
Projects which are funded in whole or in part with assistance from
													 the SRF will be required to comply with the requirements of this Subchapter.
Added at 10 Ok Reg 3333, eff
													 7-1-93
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 50 - Financial Assistance › Subchapter 9 - Clean Water State Revolving Fund Regulations › Part 3 - GENERAL PROGRAM REQUIREMENTS › Section 785:50-9-22 - Revenue program

Current through Vol. 41, No. 20, July 1, 2024
(a) The applicant must demonstrate that it has legal, institutional,
											  managerial and financial capability to construct, operate and maintain the treatment works. The applicant
											  will be, required to establish a user charge system which will generate sufficient revenues for the
											  operation, maintenance (including reasonable replacement cost) and to establish an acceptable dedicated
											  source or sources of revenue to repay the loan.
(b) As indicated,
											  the applicant will be required to demonstrate, at the time of the actual application, that a "dedicated"
											  source of revenue is available to repay the loan. Revenue will be considered dedicated when the recipient
											  passes an ordinance or a resolution committing a source or sources of funds for repayment. The resolution or
											  ordinance dedicating a source of funding for repayment of the loan must be adopted before finalization of the
											  loan agreement.
Added at 10 Ok Reg 3333, eff
													 7-1-93
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 50 - Financial Assistance › Subchapter 9 - Clean Water State Revolving Fund Regulations › Part 3 - GENERAL PROGRAM REQUIREMENTS › Section 785:50-9-23 - Clean Water SRF Project Priority System

Current through Vol. 41, No. 20, July 1, 2024
(a)
Preparation.
The Board shall prepare and maintain a
											  current Clean Water SRF Project Priority Listing of potential eligible projects in the order of priority.
(b)
Projects included.
(1)
Fundable portion.
The fundable portion includes projects
											  scheduled for financial assistance during the current fiscal year, and which are within the limits of
											  currently available funds.
(2)
Planning portion.
The planning portion includes that portion of the priority list containing all of those projects outside the
											  fundable portion of the list, and which are anticipated to receive financial assistance in future fiscal
											  years. The planning portion may also include contingency projects which are scheduled for assistance during
											  the current fiscal year, but for which adequate funds are not available to provide financial assistance.
											  Contingency projects may receive assistance due to bypass provisions or due to additional funds becoming
											  available.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 50 - Financial Assistance › Subchapter 9 - Clean Water State Revolving Fund Regulations › Part 3 - GENERAL PROGRAM REQUIREMENTS › Section 785:50-9-24 - Intended use plan

Current through Vol. 41, No. 20, July 1, 2024
Each fiscal year the Board shall prepare an Intended Use Plan (IUP)
													 which shall be subjected to public participation.
The IUP will identify projects anticipated to receive financial
													 assistance from that year's available funds. The IUP will comply with Federal Clean Water Act SRF
													 guidance.
Added at 10 Ok Reg 3333, eff
													 7-1-93; Amended at 11 Ok Reg 3007, eff 6-13-94; Amended at 15 Ok Reg 2881, eff 7-1-98; Amended at 17 Ok Reg
													 2772, eff 7-1-00; Amended at 28 Ok Reg 1026, eff 7-1-11
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 50 - Financial Assistance › Subchapter 9 - Clean Water State Revolving Fund Regulations › Part 3 - GENERAL PROGRAM REQUIREMENTS › Section 785:50-9-25 - Legislative Report [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 3333, eff
													 7-1-93; Revoked at 17 Ok Reg 2772, eff 7-1-00
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 50 - Financial Assistance › Subchapter 9 - Clean Water State Revolving Fund Regulations › Part 3 - GENERAL PROGRAM REQUIREMENTS › Section 785:50-9-26 - EPA annual report [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 3333, eff
													 7-1-93; Revoked at 17 Ok Reg 2772, eff 7-1-00
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 50 - Financial Assistance › Subchapter 9 - Clean Water State Revolving Fund Regulations › Part 3 - GENERAL PROGRAM REQUIREMENTS › Section 785:50-9-27 - Types of assistance

Current through Vol. 41, No. 20, July 1, 2024
The Fund may be used for the following purposes:
(1) To make loans on the condition that:
(A) Such loans are made at or below market interest rates, including
											  interest free loans at terms consistent with the Clean Water Act.
(B) Principal and interest payments will commence not later than one year
											  after project completion and all loans will be fully amortized consistent with the Clean Water Act.
(C) The recipient of a loan will establish a dedicated source of revenue
											  for repayment of loans.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 50 - Financial Assistance › Subchapter 9 - Clean Water State Revolving Fund Regulations › Part 3 - GENERAL PROGRAM REQUIREMENTS › Section 785:50-9-28 - Pre-application for funding

Current through Vol. 41, No. 20, July 1, 2024
(a) The applicant will complete the programmatic application , and submit
											  applicable documents to the Board. The applicant must demonstrate that it has the legal, managerial, and
											  financial capability to assure adequate construction, operation, and maintenance of the treatment works
											  throughout the applicant's jurisdiction.
(b) Receipt of
											  programmatic applications that are acceptable to the Board will be sufficient for remaining on the State's
											  priority list.
(c) The Board shall make an initial determination
											  of whether
an entity meets the criteria to receive funding
[82:1085.58(B)] and the Board
											  shall advise the applicants whether or not to proceed with planning documents for financial assistance based
											  on the information provided in the programmatic application.
(d)
											  The Board staff shall make a preliminary recommendation for approval or rejection of the loan application.
(1) If the preliminary recommendation is for rejection, the Board shall
											  provide a written recommendation including the reasons for rejection. The entity may then be allowed to
											  modify or supplement any documents in order to comply with Board requirements and resubmit the same to the
											  Board.
(2) If the preliminary recommendation is for approval, the
											  Board shall notify the applicant.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 50 - Financial Assistance › Subchapter 9 - Clean Water State Revolving Fund Regulations › Part 3 - GENERAL PROGRAM REQUIREMENTS › Section 785:50-9-29 - Pre-planning conference [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 3333, eff
													 7-1-93
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 50 - Financial Assistance › Subchapter 9 - Clean Water State Revolving Fund Regulations › Part 3 - GENERAL PROGRAM REQUIREMENTS › Section 785:50-9-30 - Planning documents

Current through Vol. 41, No. 20, July 1, 2024
The purpose of the planning document is to present the findings of
													 the engineer or other qualified professional as approved by the Board in a precise fashion with enough
													 attention given to detail so as to allow adequate review of the project by the owner and applicable
													 regulatory agencies. . A planning document must be submitted to the Board. The document shall contain but not
													 be limited to the following information:
(1) Identification of the
											  planning area boundaries and characteristics, the existing problems and needs related to wastewater
											  management, and the projected needs and problems through the design life of the project.
(2) Cost and effectiveness analysis certification of meeting State and
											  federal water quality and public health requirements.
(3) All
											  basic information necessary for the design of the sewage system and/or treatment works.
(4) Adequate evaluation of the environmental impacts of alternatives in
											  accordance with Part 7 of this subchapter (relating to Environmental Review and Determination) to support the
											  cost effectiveness analysis together with a resolution passed by the applicant which accepts the planning
											  documents and provides a commitment to build the proposed project.
(5) A demonstration that the project is consistent with the State's
											  approved Water Quality Management Plan established by Section 208 of the Clean Water Act.
(6) The applicant shall submit a statement of the project engineer's most
											  current estimate of project cost itemized as to major facilities or items including land and right-of-way
											  costs, fees of engineers, brownfield assessment fees, all legal fees, fees of registered financial advisors
											  and/or consultants, contingencies and interest during construction.
Added at 10 Ok Reg 3333, eff
													 7-1-93; Amended at 15 Ok Reg 2881, eff 7-1-98; Amended at 17 Ok Reg 2772, eff 7-1-00; Amended at 28 Ok Reg
													 1026, eff 7-1-11
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 50 - Financial Assistance › Subchapter 9 - Clean Water State Revolving Fund Regulations › Part 3 - GENERAL PROGRAM REQUIREMENTS › Section 785:50-9-31 - Pre-application conference [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 3333, eff
													 7-1-93
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 50 - Financial Assistance › Subchapter 9 - Clean Water State Revolving Fund Regulations › Part 3 - GENERAL PROGRAM REQUIREMENTS › Section 785:50-9-32 - Plans and specifications

Current through Vol. 41, No. 20, July 1, 2024
(a)
Submittal.
The applicant shall prepare plans and
											  specifications based on the final engineering report on all significant elements of the project. These
											  documents shall conform to the Water Pollution Control Facility Standards, and brownfield cleanup standards
											  which may apply, and a permit to construct or a concurrence must be issued by the Department.
(b)
Additional requirements.
The plans and specifications
											  shall contain the following:
(1) Provisions assuring compliance with the
											  Board rules and regulations and the Oklahoma Bidding Laws.
(2)
											  Forms by which the bid bond, statutory, performance and maintenance bonds will be provided. Bonding
											  requirements outlined in 61 O.S., Section 113(B), are as amended.
(3) Provisions requiring the contractor to obtain and maintain the
											  appropriate insurance coverage.
(4) Provisions giving authorized
											  representatives of the Board access to all such construction activities, books, records, documents, and other
											  evidence of the contractor for the purpose of inspection, audit and copying during normal business
											  hours.
(5) Those conditions, specifications, and other provisions
											  provided by or requested by the Board to comply with State law and Part 5 of this Subchapter.
(6) Bid proposal that separates eligible construction from ineligible
											  construction.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 50 - Financial Assistance › Subchapter 9 - Clean Water State Revolving Fund Regulations › Part 3 - GENERAL PROGRAM REQUIREMENTS › Section 785:50-9-34 - Binding commitment

Current through Vol. 41, No. 20, July 1, 2024
Upon approval of the application by the Board, the Board will issue
													 a letter of binding commitment. This will be a commitment of financial assistance and shall contain those
													 conditions deemed necessary by the Board.
Added at 10 Ok Reg 3333, eff
													 7-1-93
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 50 - Financial Assistance › Subchapter 9 - Clean Water State Revolving Fund Regulations › Part 3 - GENERAL PROGRAM REQUIREMENTS › Section 785:50-9-35 - Loan closing and Disbursement of SRF funds

Current through Vol. 41, No. 20, July 1, 2024
(a)
Documentation to be submitted prior to loan closing.
Prior
											  to loan closing the applicant will submit to the Board, the following:
(1)
											  Information requested by the Board regarding loan closing documents.
(2) All necessary and incidental instruments and documents executed for
											  loan closing by applicant, Board and all other necessary parties, including but not limited to all mortgages,
											  notes, financing statements and pledges of project security and revenues where appropriate.
Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 50 - Financial Assistance › Subchapter 9 - Clean Water State Revolving Fund Regulations › Part 3 - GENERAL PROGRAM REQUIREMENTS › Section 785:50-9-36 - Refinancing construction loans

Current through Vol. 41, No. 20, July 1, 2024
If the project includes the refinancing of a loan, the applicant
													 shall submit all of the items specified in
													 785:50-9-33 and any
													 records, assurances, or appraisals concerning the construction of the project as required by Board Staff, and
													 said project is subject to inspection by Board Staff.
Added at 10 Ok Reg 3333, eff
													 7-1-93