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 785:50-9-9 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this Sub-chapter, shall
													 have the following meaning, unless the context clearly indicates otherwise:
"303(d) List"
means the list of impaired waters of the
													 State, or most recent approved revision thereof, developed pursuant to Section 303(d) of the Clean Water Act
													 as amended and maintained on file at the Board.
"Applicant"
means any municipality, as defined, that
													 submits a preapplication/application for financial assistance in accordance with this subchapter.
"Architectural
or
engineering services"
means consultation, investigations, reports, or services for design-type projects within the scope of the
													 practice of architecture or professional engineering.
"As a result of"
means funds in the Clean Water SRF
													 including the capitalization grant, repayments of first round loans, bond proceeds, and the State
													 match.
"Binding commitment"
means binding commitments are
													 legal obligations by the State to the local recipient that define the terms and the timing for assistance
													 under Clean Water SRF.
"Board"
means the Oklahoma Water Resources Board
													 authorized by law to make final adjudications, execute contracts, adopt rules and carry out other powers and
													 duties set forth by law or, for duties authorized by law to be delegated to the Executive Director, the
													 Executive Director or any employee or agent or staff member thereof as assigned by the Executive
													 Director.
"Board Staff"
means the Chief of Financial Assistance
													 or the Chief's designee.
"Brownfield"
means an abandoned, idled or
													 underused industrial or commercial facility or other redevelopment of the real property is complicated by
													 environmental contamination caused by regulated substances
[27A:2-15-103(2)].
"Brownfield activities"
means those activities which
													 are conducted under the Oklahoma Brownfields Voluntary Redevelopment Act for eligible entities that have
													 obtained a draft or final permit pursuant to the National Pollution Discharge Elimination Act or Oklahoma
													 Pollutant Discharge Elimination System Act, which are designed to improve water quality, and which are exempt
													 from funds administered under the Nonpoint Source Management Program of the federal Clean Water Act.
"Brownfield assessment"
means any phase I, phase II,
													 phase III or other study required by the Department which is used to assess a brownfield.
"Building"
means the erection, acquisition, alteration,
													 remodeling, improvement or extension of treatment works.
"Capitalization grant"
means an agreement between EPA
													 and State whereby federal dollars are made available to partially fund a Clean Water SRF.
"Collector sewer"
means the common lateral sewers,
													 within a publicly owned treatment system which are primarily installed to receive wastewaters directly from
													 facilities which convey wastewater from individual systems, or from private property, and which include
													 service "Y" connections designed for connection with those facilities including:
(A) Crossover sewers connected more than one property on one side of
													 a major street, road, or highway to a lateral sewer on the other side when more cost effective than parallel
													 sewers; and
(B) Pumping units and small diameter lines serving individual
													 structures or groups of structures.
"Combined sewer"
means a sewer that is designed as a
													 sanitary sewer and a storm sewer.
"Conservation Commission"
means the Oklahoma
													 Conservation Commission.
"Construction"
means any one or more of the following:
													 brownfield assessment; preliminary planning to determine feasibility, engineering, architectural, legal,
													 fiscal, or economic investigations or studies, surveys, designs, plans, working drawings, specifications,
													 procedures, or other actions or undertakings necessary to a project; erection, building, acquisition,
													 alteration, remodeling, improvement, or extension of a project; or the inspection or supervision of any of
													 the foregoing items.
"Consultant"
means a person duly licensed, registered
													 or certified to practice a profession as required by Oklahoma law who is providing services or advice in that
													 professional capacity. Examples include, but are not limited to, accountants, architects, attorneys,
													 engineers, and financial advisors.
"Contingency section"
means that portion of the
													 planning portion of the priority list consisting of projects which may receive loans due to bypass provision
													 or due to additional funds becoming available.
"Cross-cutting laws and orders"
means Federal laws and
													 authorities that apply to all activities supported with funds "directly made available by" capitalization
													 grants.
"DBE"
means Disadvantaged Business Enterprises.
"DBE participation"
means the federal requirement for
													 negotiation of a "fair share" objective for minority, disadvantaged and women owned businesses applies to
													 assistance in an amount equal to the capitalization grant.
"Department"
means the Oklahoma Department of
													 Environmental Quality.
"Enforceable requirements of the Clean Water Act"
means
													 those conditions or limitations of NPDES or other discharge permits which, if violated, could result in the
													 issuance of a compliance order or initiation of a civil or criminal action. If a permit has not been issued,
													 the term shall include any requirement which would be included in the permit when issued. Where no permit
													 applies, the term shall include any requirement which is necessary to meet applicable criteria for best
													 practicable wastewater treatment technology (BPWTT).
"Equivalency projects"
means project cited by the Board
													 as meeting the requirement of the capitalization grant.
"Excessive infiltration/inflow"
means the quantities of
													 infiltration/inflow above 120 gallons per capita per day (GPCD), which can be economically eliminated from a
													 sewer system as determined in a cost-effectiveness analysis that compares the costs for correcting the
													 infiltration/inflow conditions to the total costs for transportation and treatment of the
													 infiltration/inflow.
"Fundableportion"
means that portion of the Project
													 Priority List which 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.
"Infiltration"
means water other than wastewater that
													 enters a sewer system (including sewer service connections and foundation drains) from the ground through
													 such means as defective pipes, pipe joints, connections, or manholes. Infiltration does not include, and is
													 distinguished from inflow.
"Inflow"
means water other than wastewater that enters
													 a sewer system (including sewer service connections) from sources such as, but not limited to, roof leaders,
													 cellar drains, yard drains, area drains, drains from springs and swampy areas, manhole covers, cross
													 connections between storm sewers and sanitary sewers, catch basins, cooling towers, storm waters, surface
													 runoff, street wash waters, or drainage. Inflow does not include, and is distinguished from
													 infiltration.
"In perpetuity"
means maintaining the principal amounts
													 of the federal capitalization grants and state matching funds within the CWSRF.
"Intended Use Plan"
means a document prepared each year
													 by the State, which identifies the intended uses of the funds in the CWSRF and describes how those uses
													 support the goals of the CWSRF.
"Interceptor sewer"
means a sewer which is designed for
													 one or more of the following purposes:
(A) To intercept wastewater from a final point in a collector sewer
													 and convey such wastes directly to a treatment facility or another interceptor.
(B) To replace an existing wastewater treatment facility and
													 transport the wastes to an adjoining collector sewer or interceptor sewer for conveyance to a treatment
													 plant.
(C) To transport wastewater from one or more municipal collector
													 sewers to another municipality or to a regional plant for treatment.
(D) To intercept an existing major discharge of raw or inadequately
													 treated wastewater for transport directly to another interceptor or to a treatment plant.
"Loan"
means an agreement between the State and the
													 local recipient through which the Clean Water SRF provides funds for eligible assistance on terms consistent
													 with the federal Water Quality Act of 1987 or otherwise approved by the Environmental Protection
													 Agency.
"MGD"
means millions of gallons per day.
"Municipality"
means a city, town, county, district,
													 association, or other public body (including an intermunicipal agency of two or more of the foregoing
													 entities) created under State law, or an Indian tribe or an authorized Indian tribal organization, having
													 jurisdiction over disposal of sewage, industrial wastes, or other waste, or a designated and approved
													 management agency consistent with the State Water Quality Management Plan.
"NEPA"
means the National Environmental Policy
													 Act.
"Nonexcessive infiltration"
means the quantity of
													 infiltration which cannot be economically and effectively eliminated from a sewer system as determined in a
													 cost effectiveness analysis.
"Nonexcessive inflow"
means the rainfall induced peak
													 inflow rate which does not result in chronic operational problems related to hydraulic overloading of the
													 treatment works during storm events. These problems may include surcharging, backups, bypasses, and
													 overflows.
"Nonpoint source"
means a source of pollution which is
													 diffuse and does not have a single point of origin or is introduced into a receiving stream from a specific
													 outlet.
"Nonpoint source activities"
means capital works,
													 capital improvements, capital equipment, environmental cleanups, land acquisition, or implementation of
													 management practices for the purpose of protecting or improving surface or underground water quality through
													 watershed management or reduction of nonpoint source pollution as authorized by the Clean Water Act.
"NPDES"
means National Pollutant Discharge Elimination
													 System.
"Operable treatment works"
means a treatment works
													 that, upon completion, will meet the enforceable requirements of the Clean Water Act.
"Operation and maintenance"
means activities required
													 to assure the dependable and economical function of treatment works.
(A)
"Maintenance"
means preservation of functional
													 integrity and efficiency of equipment and structures. This includes preventive maintenance, corrective
													 maintenance and replacement of equipment.
(B)
"Operation"
means control of the unit processes and
													 equipment which make up the treatment works. This includes financial and personnel management, records,
													 laboratory control, process control, safety and emergency operation planning.
"OWQS"
means the Oklahoma Water Quality Standards
													 promulgated by the Board at Oklahoma Administrative Code Title 785, Chapter 45, as amended.
"Planning"
means the process of evaluating alternative
													 solutions to water pollution problems, and through a systematic screening procedure, selecting the most cost
													 effective environmentally sound alternative.
"Planning portion"
means that part of the Project
													 Priority List containing all projects outside the fundable portion of the list that may, under anticipated
													 allotment levels, receive funding during the five-year planning period represented by the list.
"Project"
means the water quality project for which
													 Clean Water SRF assistance is provided. Water quality projects include:
(A) construction and design, or construction of an operable
													 treatment works or segment thereof the principal purpose of which is for the treatment of domestic users'
													 discharges within the jurisdiction, community, sewer service area, region or district concerned;
(B) storm water and Brownfield activities;
(C) nonpoint source activities; or
(D) other water quality projects as defined by 82 O.S. §
													 1085.52, as amended.
"Project completion"
means the date operations of the
													 project are initiated or are capable of being initiated, whichever is earlier.
"Project Priority List"
means a contiguous list of
													 projects in order of priority for which Clean Water SRF assistance is expected during a five-year planning
													 period.
"Project priority points"
means the total number of
													 points assigned to a project by using the priority ranking formula.
"Reallotment"
means allotment of previously allotted
													 unused funds.
"Recipient"
means a municipality or other entity which
													 receives assistance under the Clean Water SRF program.
"Repayment"
means principal and interest payments on
													 loans which must be credited directly to the Clean Water SRF.
"Replacement"
means those expenditures for obtaining
													 and installing equipment, accessories, or appurtenances during the useful life of the treatment works
													 necessary to maintain the capacity and performance for which such works are designed and constructed.
"Responsible bidder"
means a prospective contractor
													 that currently meets the minimum standards of financial and technical ability to perform the tasks identified
													 in the project specifications.
"Revenue programs"
means a formally documented
													 determination of sewer 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.
"Sewer System Evaluation Survey (SSES)"
means a study
													 which shall identify the location, estimated flow rate, method of rehabilitation, and cost of rehabilitation
													 versus the cost of transportation and treatment for each defined source of infiltration/inflow.
"State match"
means funds equaling at least 20% of the
													 amount of the capitalization grant which the State must deposit into the Clean Water SRF.
"State Revolving Fund"
or
"SRF"
means
													 funds for loans or providing other assistance for pollution control projects established through
													 capitalization grants from EPA and State matching funds.
"Storm sewer"
means a sewer designed to carry only
													 storm waters, surface runoff, street wash waters, and drainage.
"Treatment works"
means any devices and systems used in
													 the storage, treatment, recycling, and reclamation of municipal sewage, including intercepting sewers,
													 outfall sewers, sewage collection systems, pumping, power, and other equipment, and their appurtenances. In
													 addition
"treatment works"
means any other method or system for preventing, abating, reducing,
													 storing, treating, separating, or disposing of municipal waste, including storm water runoff, including
													 on-site systems and waste in combined storm water and sanitary sewer systems.
"User charge"
means a charge levied on users of a
													 treatment works for the user's share of the cost of operation and maintenance (including replacement) of such
													 works.
"Water Reuse"
means wastewater that is treated to be
													 used for other purposes, may also be called recycled water or reclaimed water.
Added at 10 Ok Reg 3333, eff 7-1-93 ; Amended at 11 Ok Reg
															3007, eff 6-13-94 ; 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 ; Amended at 23 Ok Reg 3086, eff
															7-27-06 ; Amended at 25 Ok Reg 1473, eff 5-27-08 ; Amended at 26 Ok Reg 1715, eff 6-11-09 ; Amended at 27 Ok
															Reg 1321, eff 5-27-10 ; Amended at 28 Ok Reg 1026, eff 7-1-11 ; Amended at 30 Ok Reg 987, eff
															6-13-13