reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-98 - Uses and limitations of the water pollution control revolving fund › Part 3 - FINANCIAL HARDSHIP ASSISTANC › Section 173-98-330 - Preconstruction category

Current through Register Vol. 24-14, July 15, 2024
(1) An
				applicant will be considered for hardship funding when submitting a funding
				application if the service area population is twenty-five thousand or less and
				the MHI is less than eighty percent of the state MHI.
(2) If the service area population is
				different from the population of the applicant, the applicant must show that
				the hardship assistance is solely used to benefit the population of the service
				area.
(3) The most recent available
				American community survey data determines the MHI.
(4) If MHI data are not available for a
				community then the county MHI in which the community resides will be
				used.
(5) If the applicant disputes
				the data used by the department, the department may allow an applicant to
				conduct a scientific survey to determine the MHI for the project
				area.
Statutory Authority: Chapter 90.50A RCW,
					 RCW
					 90.48.035, and
					 43.21A.080. 11-20-036 (Order
					 10-14), § 173-98-330, filed 9/27/11, effective
					 10/28/11.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-98 - Uses and limitations of the water pollution control revolving fund › Part 4 - LOAN TERMS › Section 173-98-400 - Loan interest rates

Current through Register Vol. 24-14, July 15, 2024
(1)
				Interest will accrue on each disbursement as it is paid to the recipient. This
				is "deferred interest." Deferred interest is added to the principal at project
				completion.
(2) The department
				bases loan interest rates on the average market interest rate. The average
				market interest rate is:
(a) Based on the
				daily market rate published in the bond buyer's index for tax-exempt municipal
				bonds; and
(b) Taken from the
				period one hundred eighty to thirty days before the funding application cycle
				begins.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-98 - Uses and limitations of the water pollution control revolving fund › Part 4 - LOAN TERMS › Section 173-98-410 - Refinancing

Current through Register Vol. 24-14, July 15, 2024
(1) There are two
				kinds of refinance with different rules: Standard refinance and interim
				refinance.
(2)
Standard
				refinance
refers to a completed project funded with funds from a source
				other than the department. It is limited to water pollution control facilities
				where project construction began after March 7, 1985.
(a) Applicants requesting standard
				refinancing must meet all the requirements contained in the act;
(b) Standard refinance projects will only be
				funded if there is limited demand for funds for new projects;
(c) All department prerequisites and
				revolving fund conditions must have been met at the time the project was
				undertaken;
(d) If multiple
				standard refinance applications are received, priority will be given based on
				impacts to the ratepayers in the service area of the project;
(e) Standard refinance projects are not
				eligible for hardship financial assistance; and
(f) Repayment begins six months after a
				funding agreement becomes effective.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-98 - Uses and limitations of the water pollution control revolving fund › Part 4 - LOAN TERMS › Section 173-98-420 - Defeasance

Current through Register Vol. 24-14, July 15, 2024
(1) No defeasance
				is allowed as long as the department holds the loan.
(2) Defeasance means setting money aside in a
				special account that is dedicated to pay all or some of the principal and
				interest on a debt when it comes due.
Statutory Authority:
					 RCW
					 90.48.035. 07-14-096 (Order 05-16), §
					 173-98-420, filed 6/29/07, effective
					 7/30/07.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-98 - Uses and limitations of the water pollution control revolving fund › Part 4 - LOAN TERMS › Section 173-98-430 - Repayment

Current through Register Vol. 24-14, July 15, 2024
When a project is complete and all disbursements are made,
				  the department will execute a final amendment that will include:
(1) A final loan repayment schedule that
				reflects the length of repayment terms and the principal from disbursements and
				accrued interest;
(2) The first
				repayment of principal and interest will be due one year after the initiation
				of operation date, or one year after the project completion date, whichever
				occurs first;
(3) Equal payments
				will be due every six months;
(4)
				If the due date for any payment falls on a Saturday, Sunday, or designated
				holiday for Washington state agencies, the payment shall be due on the next
				business day for Washington state agencies;
(5) Loan balances may be repaid or additional
				principal payments may be made at any time without penalty; and
(6) The department may assess a late fee for
				delinquent payments, according to WAC
				173-98-470.
Statutory Authority: Chapter 90.50A RCW,
					 RCW
					 90.48.035, and
					 43.21A.080. 11-20-036 (Order
					 10-14), § 173-98-430, filed 9/27/11, effective 10/28/11. Statutory
					 Authority:
					 RCW
					 90.48.035. 07-14-096 (Order 05-16), §
					 173-98-430, filed 6/29/07, effective
					 7/30/07.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-98 - Uses and limitations of the water pollution control revolving fund › Part 4 - LOAN TERMS › Section 173-98-440 - Loan security

Current through Register Vol. 24-14, July 15, 2024
Loans shall be secured by a general obligation pledge or a
				  revenue pledge of the recipient. The obligation of the recipient to make loan
				  repayments from the sources identified in its revolving fund loan agreement
				  shall be absolute and unconditional, and shall not be subject to diminution by
				  setoff, counterclaim, or abatement of any kind.
(1)
General obligation.
Repayment of the loan may be secured by a general obligation pledge. The
				recipient shall pledge to include in its budget an amount sufficient to pay the
				principal and interest on the loan when due. For so long as the loan is
				outstanding, the recipient shall ensure adequate funds are available to enable
				timely loan repayment, which may require the recipient to levy additional
				annual taxes against the taxable property within its boundaries. The full
				faith, credit, and resources of the recipient shall be pledged irrevocably for
				the annual levy and collection of those taxes and the prompt payment of the
				principal of and interest on the loan.
(2)
Revenue obligation.
Repayment of a loan may be secured by an irrevocable pledge of the net revenues
				of the recipient's utility and, in appropriate cases, utility local improvement
				district assessments.
Repayment of a loan shall constitute a lien and charge upon
				  the net revenues of the recipient's utility prior and superior to any other
				  charges whatsoever, except that the lien and charge shall be junior and
				  subordinate to the lien and charge of any senior lien obligations. If
				  applicable, repayment of a loan shall constitute a lien and charge upon utility
				  local improvement district assessments prior and superior to any other charges
				  whatsoever.
(3)
Tribal governmental enterprises.
Federally recognized Indian
				tribes may provide loan security through dedicated revenue from governmental
				enterprises. The recipient must demonstrate that the security used has a
				sufficient track record of income to secure the loan. Tribal governmental
				enterprises may include leases, gaming as provided under approved gaming
				compacts, forestry, or other tribal government-owned enterprises.
Statutory Authority:
					 RCW
					 90.48.035. 07-14-096 (Order 05-16), §
					 173-98-440, filed 6/29/07, effective
					 7/30/07.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-98 - Uses and limitations of the water pollution control revolving fund › Part 4 - LOAN TERMS › Section 173-98-450 - Loan reserve requirements

Current through Register Vol. 24-14, July 15, 2024
The department may require a recipient to create a reserve
				  account to secure the payment of the principal and interest on the revolving
				  fund loan.
Statutory Authority: Chapter 90.50A RCW,
					 RCW
					 90.48.035, and
					 43.21A.080. 11-20-036 (Order
					 10-14), § 173-98-450, filed 9/27/11, effective 10/28/11. Statutory
					 Authority:
					 RCW
					 90.48.035. 07-14-096 (Order 05-16), §
					 173-98-450, filed 6/29/07, effective
					 7/30/07.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-98 - Uses and limitations of the water pollution control revolving fund › Part 4 - LOAN TERMS › Section 173-98-460 - Loan default

Current through Register Vol. 24-14, July 15, 2024
In the event of loan default, the state of Washington may
				  withhold any amounts due to the recipient from the state for other purposes.
				  The funds will be applied to the debt.
Statutory Authority: Chapter 90.50A RCW,
					 RCW
					 90.48.035, and
					 43.21A.080. 11-20-036 (Order
					 10-14), § 173-98-460, filed 9/27/11, effective 10/28/11. Statutory
					 Authority:
					 RCW
					 90.48.035. 07-14-096 (Order 05-16), §
					 173-98-460, filed 6/29/07, effective
					 7/30/07.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-98 - Uses and limitations of the water pollution control revolving fund › Part 4 - LOAN TERMS › Section 173-98-470 - Late payments

Current through Register Vol. 24-14, July 15, 2024
A late fee of one percent per month on the past due amount
				  may be assessed starting on the date the debt becomes past due and until it is
				  paid in full.
Statutory Authority:
					 RCW
					 90.48.035. 07-14-096 (Order 05-16), §
					 173-98-470, filed 6/29/07, effective
					 7/30/07.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-98 - Uses and limitations of the water pollution control revolving fund › Part 5 - FUNDING DISTRIBUTION AND PROJECT DEVELOPMENT PROCES › Section 173-98-500 - Funding categories

Current through Register Vol. 24-14, July 15, 2024
(1)
				The revolving fund is divided into three funding categories:
(a) Water pollution control facilities
				category: Seventy-five percent of the revolving fund will be available for
				facilities projects;
(b)
				Preconstruction category: Five percent of the revolving fund will be available
				for preconstruction category; and
(c) Water pollution control activities
				category: Twenty percent of the revolving fund will be available for the
				implementation of programs or projects established under the
Washington's Water Quality Management Plan to Control Nonpoint Sources
				of Pollution.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-98 - Uses and limitations of the water pollution control revolving fund › Part 5 - FUNDING DISTRIBUTION AND PROJECT DEVELOPMENT PROCES › Section 173-98-510 - Funding recognition

Current through Register Vol. 24-14, July 15, 2024
(1)
				Where applicable, the recipient must acknowledge department and EPA funding in
				reports, technical documents, publications, brochures, and other
				materials.
(2) Where applicable,
				the recipient must acknowledge department and EPA funding for site-specific
				projects by one of the following means:
(a)
				Standard signage (appropriately sized and weather resistant);
(b) Posters and wall signage in a public
				building or location;
(c) Newspaper
				or periodical advertisement for project construction, groundbreaking ceremony,
				or operation of the new or improved facility;
(d) Online signage placed on community web
				site or social media outlet; or
(e)
				Press release.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-98 - Uses and limitations of the water pollution control revolving fund › Part 5 - FUNDING DISTRIBUTION AND PROJECT DEVELOPMENT PROCES › Section 173-98-520 - Ceiling amounts

Current through Register Vol. 24-14, July 15, 2024
(1)
Green
				project reserve:
The ceiling amount for forgivable principal provided
				for eligible green project reserve projects is up to twenty-five percent of the
				total green project reserve-eligible portion of the project costs.
(2)
Preconstruction category:
(a) No more than twenty percent of the
				revolving fund in this category will be available to any one applicant per
				funding cycle.
(b) The ceiling
				amount for a forgivable principal loan provided for financial hardship for WAC
				173-98-330 is up to fifty percent
				of the eligible project costs.
(c)
				The ceiling amount for this category applies to the combined total of all
				preconstruction elements for loans and forgivable principal loans.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-98 - Uses and limitations of the water pollution control revolving fund › Part 5 - FUNDING DISTRIBUTION AND PROJECT DEVELOPMENT PROCES › Section 173-98-530 - Step process for water pollution control facilities

Current through Register Vol. 24-14, July 15, 2024
(1) The step process is required for
				waste-water facilities projects. The process begins with site-specific
				planning, and continues through design to construction.
(2) For steps one through three, an applicant
				may only apply for funding for one step of the process at a time. Funding of
				one step does not guarantee the funding of subsequent steps.
(3) The step process includes the following:
(a)
Planning (step one):
Step
				one involves the preparation of a site-specific planning document that
				identifies the cost-effective alternatives for addressing a water pollution
				control problem in accordance with WAC
				173-98-730. There is no
				prerequisite for planning;
(b)
Design (step two):
Step two includes the preparation of plans and
				specifications for use in construction. These must be based on the preferred
				cost-effective alternative identified in the planning document. In order to be
				eligible for design a planning document must be approved by the department
				without conditions at least thirty days before issuance of the
Draft
				Offer and Applicant List
.
Planning documents approved by the department more than two
				  years before the close of the application period must contain evidence of
				  recent review by the department to ensure the document reflects current
				  conditions; and
(c)
Construction (step three):
Step three includes construction of
				facilities based on the approved design. In order to be eligible for
				construction, design plans and specifications must be approved by the
				department without conditions, in accordance with WAC
				173-240-030, at least thirty days
				before issuance of the
Draft Offer and Applicant
				List
.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-98 - Uses and limitations of the water pollution control revolving fund › Part 5 - FUNDING DISTRIBUTION AND PROJECT DEVELOPMENT PROCES › Section 173-98-540 - Process for water pollution control activities

Current through Register Vol. 24-14, July 15, 2024
The following process is required for lake projects and
				  recommended for all water pollution control activities projects.
(1)
Planning
involves the
				identification of problems , evaluation of cost-effective alternatives in
				accordance with WAC
				173-98-730, and preparation of a
				planning document.
(2)
Implementation
is the actual implementation of the project based
				on the planning document.
Statutory Authority:
					 RCW
					 90.48.035. 07-14-096 (Order 05-16), §
					 173-98-540, filed 6/29/07, effective
					 7/30/07.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-98 - Uses and limitations of the water pollution control revolving fund › Part 5 - FUNDING DISTRIBUTION AND PROJECT DEVELOPMENT PROCES › Section 173-98-550 - Preconstruction category

Current through Register Vol. 24-14, July 15, 2024
Eligibility.
Only applicants with a population
				  of twenty-five thousand or less and a median household income below the state
				  median household income are eligible for funding in the preconstruction
				  category.
Statutory Authority: Chapter 90.50A RCW,
					 RCW
					 90.48.035, and
					 43.21A.080. 11-20-036 (Order
					 10-14), § 173-98-550, filed 9/27/11, effective 10/28/11. Statutory
					 Authority:
					 RCW
					 90.48.035. 07-14-096 (Order 05-16), §
					 173-98-550, filed 6/29/07, effective
					 7/30/07.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-98 - Uses and limitations of the water pollution control revolving fund › Part 5 - FUNDING DISTRIBUTION AND PROJECT DEVELOPMENT PROCES › Section 173-98-560 - Approval of plans and specifications (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: Chapter 90.50A RCW,
					 RCW
					 90.48.035, and
					 43.21A.080. 11-20-036 (Order
					 10-14), § 173-98-560, filed 9/27/11, effective 10/28/11. Statutory
					 Authority:
					 RCW
					 90.48.035. 07-14-096 (Order 05-16), §
					 173-98-560, filed 6/29/07, effective
					 7/30/07.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-98 - Uses and limitations of the water pollution control revolving fund › Part 6 - ALTERNATIVE PUBLIC WORKS CONTRACTING › Section 173-98-600 - Alternative public works contracting requirements

Current through Register Vol. 24-14, July 15, 2024
Alternative public works contracting projects must be
				  consistent with the applicable sections of chapter 39.10 RCW, Alternative
				  public works contracting procedures, chapter 70.150 RCW, Water Quality Joint
				  Development Act, and/or chapter 35.58 RCW, Metropolitan municipal
				  corporations.
Statutory Authority: Chapter 90.50A RCW,
					 RCW
					 90.48.035, and
					 43.21A.080. 11-20-036 (Order
					 10-14), § 173-98-600, filed 9/27/11, effective 10/28/11. Statutory
					 Authority:
					 RCW
					 90.48.035. 07-14-096 (Order 05-16), §
					 173-98-600, filed 6/29/07, effective
					 7/30/07.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-98 - Uses and limitations of the water pollution control revolving fund › Part 7 - COMPLIANCE WITH OTHER LAWS, RULES, AND REQUIREMENT › Section 173-98-700 - General requirements

Current through Register Vol. 24-14, July 15, 2024
(1)
				Recipients must fully comply with all applicable federal, state, and local laws
				and rules relating to topics such as procurement, discrimination, labor, job
				safety, drug-free environments, and minority and women owned
				businesses.
(2) Ongoing management
				of most aspects of loan projects is subject to the most recent edition of
Administrative Requirements for Recipients of Ecology Grants and
				Loans
(publication #91-18) or
Administrative Requirements for
				Recipients of Ecology Grants and Loans Managed in EAGL
(publication
				#14-01-002).
(3) Ongoing management
				of all aspects of loan projects is subject to the associated funding program
				guidelines.
(4) The applicant shall
				secure all necessary permits required by authorities having jurisdiction over
				the project. Copies must be available to the department upon request.
Statutory Authority: Chapter 90.50A RCW,
					 RCW
					 90.48.035, and
					 43.21A.080. 11-20-036 (Order
					 10-14), § 173-98-700, filed 9/27/11, effective 10/28/11. Statutory
					 Authority:
					 RCW
					 90.48.035. 07-14-096 (Order 05-16), §
					 173-98-700, filed 6/29/07, effective
					 7/30/07.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-98 - Uses and limitations of the water pollution control revolving fund › Part 7 - COMPLIANCE WITH OTHER LAWS, RULES, AND REQUIREMENT › Section 173-98-710 - The Growth Management Act

Current through Register Vol. 24-14, July 15, 2024
(1) A
				county, city, or town that has been offered a loan for a water pollution
				control facilities project may not receive loan funds while the county, city,
				or town is not in compliance with the Growth Management Act unless:
(a) Documentation showing that a public
				health need has been provided by the Washington state department of health; or
				documentation showing that a substantial environmental degradation exists has
				been provided by the department;
(b) The county, city, or town has provided
				documentation to the department that actions or measures are being implemented
				to address the public health need or substantial environmental degradation;
				and
(c) The department has
				determined that the project is designed to address only the public health need
				or substantial environmental degradation described in the documentation, and
				does not address unrelated needs including, but not limited to, provisions for
				additional growth.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-98 - Uses and limitations of the water pollution control revolving fund › Part 7 - COMPLIANCE WITH OTHER LAWS, RULES, AND REQUIREMENT › Section 173-98-720 - State environmental review process (SERP)

Current through Register Vol. 24-14, July 15, 2024
(1) All recipients of funding for water
				pollution control facility projects must comply with the SERP.
(2) SERP includes all the provisions of the
				State Environmental Policy Act (SEPA), chapter 43.21C RCW, and the SEPA rules,
				chapter 197-11 WAC, and applicable federal requirements.
(3) All mitigation measures committed to in
				documents developed in the SERP process, such as the environmental checklist,
				environmental report, SEPA environmental impact statement (EIS), the finding of
				no significant impact/environmental assessment, or record of decision/federal
				EIS will become revolving fund loan agreement conditions. Failure to abide by
				these conditions will result in withholding of payments and may result in
				immediate repayment of the loan.
Statutory Authority:
					 RCW
					 90.48.035. 07-14-096 (Order 05-16), §
					 173-98-720, filed 6/29/07, effective
					 7/30/07.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-98 - Uses and limitations of the water pollution control revolving fund › Part 7 - COMPLIANCE WITH OTHER LAWS, RULES, AND REQUIREMENT › Section 173-98-730 - Cost-effectiveness analysis

Current through Register Vol. 24-14, July 15, 2024
(1)
				Funding will only be considered if a project is shown to be the cost-effective
				alternative/solution to a water quality problem and that the project maximizes
				the potential for energy conservation and efficient water use, reuse,
				recapture, and conservation. The cost-effective alternative is determined using
				a cost-effectiveness analysis.
(2)
				A cost-effectiveness analysis must include a comparison of the life cycle costs
				of alternatives considered for the planning period taking into account:
(a) The cost of constructing the project or
				activity;
(b) The cost of operating
				and maintaining the project or activity over the life of the project or
				activity; and
(c) The cost of
				replacing the project or activity.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-98 - Uses and limitations of the water pollution control revolving fund › Part 8 - TIMELY USE OF REVOLVING FUND LOAN FUNDS › Section 173-98-800 - Starting a project

Current through Register Vol. 24-14, July 15, 2024
(1)
Project initiation.
Loan funds must be spent in a timely fashion.
				The recipient must consistently meet the performance measures agreed to in the
				loan agreement. These performance measures include, but are not limited to, the
				following:
(a) Work on a project must be
				started within ten months of the publication date of the
Final Offer
				and Applicant List
on which the project was proposed.
(b) Starting a project means making any
				measurable step toward achieving the milestones, objectives, and overall goals
				of the project.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-98 - Uses and limitations of the water pollution control revolving fund › Part 8 - TIMELY USE OF REVOLVING FUND LOAN FUNDS › Section 173-98-810 - Finishing a project

Current through Register Vol. 24-14, July 15, 2024
Costs incurred after the project completion or expiration
				  dates are not eligible for reimbursement.
(1)
Project completion.
(a) Work on a project must be completed
				within five years of the publication date of the
Final Offer and
				Applicant List
on which the project was proposed. A shorter time
				period may be specified in the loan agreement; and
(b) Completing a project means completing all
				milestones and objectives associated with the goals of the loan
				agreement.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-98 - Uses and limitations of the water pollution control revolving fund › Part 8 - TIMELY USE OF REVOLVING FUND LOAN FUNDS › Section 173-98-820 - Declaration of construction after project completion (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: Chapter 90.50A RCW,
					 RCW
					 90.48.035, and
					 43.21A.080. 11-20-036 (Order
					 10-14), § 173-98-820, filed 9/27/11, effective
					 10/28/11.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-98 - Uses and limitations of the water pollution control revolving fund › Part 8 - TIMELY USE OF REVOLVING FUND LOAN FUNDS › Section 173-98-830 - Performance measures and postproject assessment

Current through Register Vol. 24-14, July 15, 2024
(1) The department may require a recipient to
				develop and implement a postproject assessment plan.
(2) A recipient may be required to
				participate in a postproject survey and interview regarding performance
				measures.
Statutory Authority: Chapter 90.50A RCW,
					 RCW
					 90.48.035, and
					 43.21A.080. 11-20-036 (Order
					 10-14), § 173-98-830, filed 9/27/11, effective
					 10/28/11.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-98 - Uses and limitations of the water pollution control revolving fund › Part 9 - ADMINISTRATIVE PROVISIONS › Section 173-98-900 - Revolving fund perpetuity

Current through Register Vol. 24-14, July 15, 2024
(1)
				The act requires that the revolving fund be managed in perpetuity.
(2) The department will strive to achieve
				perpetuity, as defined by WAC
				173-98-030.
Statutory Authority: Chapter 90.50A RCW,
					 RCW
					 90.48.035, and
					 43.21A.080. 11-20-036 (Order
					 10-14), § 173-98-900, filed 9/27/11, effective 10/28/11. Statutory
					 Authority:
					 RCW
					 90.48.035. 07-14-096 (Order 05-16), §
					 173-98-900, filed 6/29/07, effective
					 7/30/07.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-98 - Uses and limitations of the water pollution control revolving fund › Part 9 - ADMINISTRATIVE PROVISIONS › Section 173-98-910 - Accounting requirements

Current through Register Vol. 24-14, July 15, 2024
(1)
				Recipients must maintain accurate records and accounts for the project in
				accordance with generally accepted accounting principles (GAAP) as issued by
				the Governmental Accounting Standards Board (GASB), including standards related
				to the reporting of infrastructure assets, or in accordance with the state
				standards in
				RCW
				43.09.200 "Local government accountingUniform
				system of accounting."
(2)
				Accounting irregularities may result in a payment hold until irregularities are
				resolved. The director may require immediate repayment of misused loan
				funds.
Statutory Authority:
					 RCW
					 90.48.035. 07-14-096 (Order 05-16), §
					 173-98-910, filed 6/29/07, effective
					 7/30/07.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-98 - Uses and limitations of the water pollution control revolving fund › Part 9 - ADMINISTRATIVE PROVISIONS › Section 173-98-920 - Appealing a department decision

Current through Register Vol. 24-14, July 15, 2024
If a dispute arises concerning eligibility decisions made by
				  the department within the context of a loan agreement, the decision may be
				  appealed. A lawsuit cannot be brought to superior court unless the aggrieved
				  party follows these procedures, which are intended to encourage the informal
				  resolution of disputes consistent with
				  RCW
				  34.05.060.
(1) First, the recipient may seek review of
				the financial assistance program's initial decision within thirty days of the
				decision in writing to the water quality program manager. The program manager
				will consider the appeal information and may choose to discuss the matter by
				telephone or in person;
(2) The
				program manager will issue a written decision within thirty days from the time
				the appeal is received;
(3) If the
				recipient is not satisfied with the program manager's decision, the recipient
				has thirty days to submit a written request to the deputy director for a review
				of the decision;
(4) The deputy
				director will consider the appeal information, and may choose to discuss the
				matter by telephone or in person. The deputy director will issue a written
				decision within thirty days from the time the appeal is received. The deputy
				director's decision will be the final decision of the department;
(5) If the recipient is not satisfied with
				the deputy director's final decision, the recipient may appeal to the Thurston
				County superior court, pursuant to
				RCW
				34.05.570(4), which pertains
				to the review of "other agency action"; and
(6) Unless all parties to the appeal agree
				that a different time frame is appropriate, the parties shall attempt to bring
				the matter for a superior court determination within four months of the date in
				which the administrative record is filed with the court. This time frame is to
				ensure minimal disruptions to the program.
Statutory Authority: Chapter 90.50A RCW,
					 RCW
					 90.48.035, and
					 43.21A.080. 11-20-036 (Order
					 10-14), § 173-98-920, filed 9/27/11, effective 10/28/11. Statutory
					 Authority:
					 RCW
					 90.48.035. 07-14-096 (Order 05-16), §
					 173-98-920, filed 6/29/07, effective
					 7/30/07.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-98 - Uses and limitations of the water pollution control revolving fund › Part 9 - ADMINISTRATIVE PROVISIONS › Section 173-98-930 - Audit requirements for loan recipients

Current through Register Vol. 24-14, July 15, 2024
The department, or at the department's discretion, another
				  authorized auditor may audit the revolving fund loan agreement and
				  records.
Statutory Authority:
					 RCW
					 90.48.035. 07-14-096 (Order 05-16), §
					 173-98-930, filed 6/29/07, effective
					 7/30/07.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-98 - Uses and limitations of the water pollution control revolving fund › Part 9 - ADMINISTRATIVE PROVISIONS › Section 173-98-940 - Insurance for water pollution control facilities projects

Current through Register Vol. 24-14, July 15, 2024
Recipients shall maintain comprehensive insurance coverage
				  on the project for an amount equal to the funds disbursed.
Statutory Authority:
					 RCW
					 90.48.035. 07-14-096 (Order 05-16), §
					 173-98-940, filed 6/29/07, effective
					 7/30/07.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-98 - Uses and limitations of the water pollution control revolving fund › Part 9 - ADMINISTRATIVE PROVISIONS › Section 173-98-950 - Indemnification

Current through Register Vol. 24-14, July 15, 2024
To the extent that the Constitution and laws of the state of
				  Washington permit, the recipient shall indemnify and hold the department
				  harmless from and against any liability for any or all injuries to persons or
				  property arising out of a project funded with a revolving fund loan except for
				  the damage, claim, or liability resulting from the negligence or omission of
				  the department.
Statutory Authority: Chapter 90.50A RCW,
					 RCW
					 90.48.035, and
					 43.21A.080. 11-20-036 (Order
					 10-14), § 173-98-950, filed 9/27/11, effective 10/28/11. Statutory
					 Authority:
					 RCW
					 90.48.035. 07-14-096 (Order 05-16), §
					 173-98-950, filed 6/29/07, effective
					 7/30/07.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-98 - Uses and limitations of the water pollution control revolving fund › Part 9 - ADMINISTRATIVE PROVISIONS › Section 173-98-960 - Sale of facilities to private enterprises

Current through Register Vol. 24-14, July 15, 2024
Recipients may sell facilities financed with the revolving
				  fund to private enterprises. However, the revolving fund loan agreement must be
				  terminated and the revolving fund loan must be repaid immediately upon the sale
				  of that facility.
Statutory Authority:
					 RCW
					 90.48.035. 07-14-096 (Order 05-16), §
					 173-98-960, filed 6/29/07, effective
					 7/30/07.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-98 - Uses and limitations of the water pollution control revolving fund › Part 9 - ADMINISTRATIVE PROVISIONS › Section 173-98-970 - Self-certification

Current through Register Vol. 24-14, July 15, 2024
(1) The department
				may authorize a recipient to certify compliance with selected program
				requirements. The recipient must:
(a) Request
				certification authority;
(b)
				Document that it has the capability and resources;
(c) Document that it is in the best interest
				of the state; and
(d) Demonstrate
				that the request is consistent with state and federal laws and rules.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-100 - Groundwater management areas and programs › Section 173-100-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to establish guidelines,
				criteria, and procedures for the designation of groundwater management areas,
				subareas or zones and to set forth a process for the development of groundwater
				management programs for such areas, subareas, or zones, in order to protect
				groundwater quality, to assure groundwater quantity, and to provide for
				efficient management of water resources for meeting future needs while
				recognizing existing water rights. The intent of this chapter is to forge a
				partnership between a diversity of local, state, tribal and federal interests
				in cooperatively protecting the state's groundwater
				resources.
Statutory Authority:
				  RCW
				  90.44.400. 86-02-004 (Order DE 85-24), §
				  173-100-010, filed 12/20/85.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-100 - Groundwater management areas and programs › Section 173-100-020 - Authority

Current through Register Vol. 24-14, July 15, 2024
This chapter is promulgated by the department of ecology
				pursuant to
				RCW
				90.44.400,
				90.44.410,
				90.44.420,
				90.44.430 and
				90.44.440.
Statutory Authority:
				  RCW
				  90.44.400. 86-02-004 (Order DE 85-24), §
				  173-100-020, filed 12/20/85.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-100 - Groundwater management areas and programs › Section 173-100-030 - Overview

Current through Register Vol. 24-14, July 15, 2024
This regulation establishes a process for the identification
				and designation of groundwater management areas and for the development of
				comprehensive groundwater management programs. From a general schedule of
				probable groundwater management areas, the department of ecology in cooperation
				with local government will designate specific groundwater management areas,
				subareas, or depth zones within such areas and will appoint a lead agency to
				develop a groundwater management program and an advisory committee to oversee
				the development of the program for each designated area. Following completion
				of the program and a public hearing to be held by the department of ecology,
				the program must be certified to be consistent with the intent of this chapter.
				The program will then be implemented through state regulations and local
				ordinances. The programs must thereafter be periodically
				reviewed.
Statutory Authority:
				  RCW
				  90.44.400. 86-02-004 (Order DE 85-24), §
				  173-100-030, filed 12/20/85.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-100 - Groundwater management areas and programs › Section 173-100-050 - Probable groundwater management areas

Current through Register Vol. 24-14, July 15, 2024
The department in cooperation with local government and
				groundwater user groups shall identify probable groundwater management
				areas.
(1) Probable groundwater
			 management areas may be proposed for identification at any time by the
			 department upon its own motion or at the request of other state agencies, local
			 government or groundwater user groups.
(2) Probable groundwater management area
			 boundaries shall be delineated so as to enclose one or more distinct bodies of
			 public groundwater as nearly as known facts permit. Probable groundwater
			 management subareas shall be delineated so as to enclose all or any part of a
			 distinct body of public groundwater. Boundaries shall be based on hydrogeologic
			 properties such as limits to lateral extent of aquifers, major perennial
			 rivers, and regional groundwater divides or as deemed appropriate by the
			 department to most effectively accomplish the purposes of this
			 chapter.
(3) The criteria to guide
			 identification of probable groundwater management areas shall include, but not
			 be limited to, the following:
(a) Geographic
			 areas where groundwater quality is threatened;
(b) Aquifers that are declining due to
			 restricted recharge or over-utilization;
(c) Aquifers in which over-appropriation may
			 have occurred and adjudication of water rights has not yet been
			 completed;
(d) Aquifers reserved or
			 being considered for water supply reservation under
			 chapter
			 90.54 RCW for future
			 beneficial uses;
(e) Aquifers
			 identified as the primary source of supply for public water supply
			 systems;
(f) Aquifers underlying a
			 critical water supply service area where the coordinated water system plan
			 established pursuant to
			 chapter
			 70.116 RCW has identified
			 a need for a groundwater management program;
(g) Aquifers designated as sole source
			 aquifers by the federal Environmental Protection Agency;
(h) Geographic areas where the groundwater is
			 susceptible to contamination or degradation resulting from land use
			 activities;
(i) Aquifers threatened
			 by seawater intrusion; or
(j)
			 Aquifers from which major groundwater withdrawals have been proposed or appear
			 imminent.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-100 - Groundwater management areas and programs › Section 173-100-060 - General schedule

Current through Register Vol. 24-14, July 15, 2024
The department shall establish a general schedule for the
				designation of specific groundwater management areas. The general schedule
				shall guide the department in the designation of specific groundwater
				management areas and in the allocation of the department's available water
				resources funding and staffing.
(1)
			 The general schedule for designation of groundwater management areas shall
			 identify the relative priority of each of the probable groundwater management
			 areas. The relative priority of the probable groundwater management areas shall
			 be based upon:
(a) The availability of local
			 or state agency resources to develop and implement a groundwater management
			 program;
(b) The significance,
			 severity or urgency of the problems or potential problems described in the
			 request for identification submitted for each area, with the highest priority
			 given to areas where the water quality is imminently threatened;
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-100 - Groundwater management areas and programs › Section 173-100-070 - Designation of groundwater management areas for program planning purposes

Current through Register Vol. 24-14, July 15, 2024
The department shall designate groundwater management areas by
				order of the department in accordance with the general schedule. The department
				shall hold a public hearing within the county or counties containing the
				probable groundwater management area prior to such designation. The order shall
				be issued to the lead agency as well as the agency or groundwater user group
				originally requesting identification of the areas, with copies sent to other
				affected state agencies, local governments, tribal governments and those
				parties recommended for groundwater advisory committee membership. Copies of
				the order shall be published by the department in newspapers of general
				circulation within the area. The order shall contain a general description of
				the planning boundary for the groundwater management area and shall state that
				the department, in cooperation with the lead agency and local government,
				intends to appoint a groundwater advisory committee to oversee the development
				of a groundwater management program for the area.
Statutory Authority:
				  RCW
				  90.44.400. 86-02-004 (Order DE 85-24), §
				  173-100-070, filed 12/20/85.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-100 - Groundwater management areas and programs › Section 173-100-080 - Lead agency responsibilities

Current through Register Vol. 24-14, July 15, 2024
The lead agency shall be responsible for coordinating and
				undertaking the activities necessary for development of the groundwater
				management program. These activities shall include collecting data and
				conducting studies related to hydrogeology, water quality, water use, land use,
				and population projections; scheduling and coordinating advisory committee
				meetings; presenting draft materials to the committee for review; responding to
				comments from the committee; coordinating SEPA review; executing interlocal
				agreements or other contracts; and other duties as may be necessary. The lead
				agency shall also prepare a work plan, schedule, and budget for the development
				of the program that shows the responsibilities and roles of each of the
				advisory committee members as agreed upon by the committee. Data collection,
				data analysis and other elements of the program development may be delegated by
				the lead agency to other advisory committee members.
Statutory Authority:
				  RCW
				  90.44.400. 86-02-004 (Order DE 85-24), §
				  173-100-080, filed 12/20/85.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-100 - Groundwater management areas and programs › Section 173-100-090 - Groundwater advisory committee

Current through Register Vol. 24-14, July 15, 2024
(1) The groundwater advisory committee shall
			 be responsible for overseeing the development of the groundwater management
			 program; reviewing the work plan, schedule and budget for the development of
			 the program; assuring that the program is technically and functionally sound;
			 verifying that the program is consistent with this chapter and with the
			 respective authorities of the affected agencies; and formulating and
			 implementing a public involvement plan.
(2) The membership of each groundwater
			 advisory committee shall represent a broad spectrum of the public in order to
			 ensure that the groundwater is protected and utilized for the greatest benefit
			 to the people of the state. The committee shall include, but not be limited to,
			 representation from the following groups:
(a)
			 Local government legislative authorities within the designated area;
(b) Planning agencies having jurisdiction
			 within the designated area;
(c)
			 Health agencies having jurisdiction within the designated area;
(d) Groundwater user groups within the
			 designated area, including domestic well owners;
(e) The department;
(f) Department of social and health
			 services;
(g) Other local, state,
			 and federal agencies as determined to be appropriate by the
			 department;
(h) Tribal governments,
			 where a groundwater management program may affect tribal waters;
(i) Public and special interest groups such
			 as agricultural, well drilling, forestry, environmental, business and/or
			 industrial groups within the area, as determined to be appropriate by the
			 department.