Rule 391-3-6-.14 - State Revolving Fund(1) Purpose. The purpose of Rule 391-3-6-.14 is to provide for the administration and operation of the State Revolving Loan Fund.(2)Definitions. All terms used in this Paragraph shall be interpreted in accordance with the definitions as set forth in the Act unless otherwise defined in this Paragraph or in any other Paragraph of these Rules. (a) "State Revolving Loan Fund" means the loan program developed pursuant to the Federal Clean Water Act of 1987.(b) "Intended Use Plan" means the annual plan developed to describe that year's operation and procedures for the Revolving Loan Fund.(3)General Provisions.(a) The manner of administration of the State Revolving Loan Fund shall be determined pursuant to a contract between the Director and any other State agency, authority, board, or commission and such administration shall comply with all applicable requirements of the Federal Clean Water Act of 1987. In the event that the Director determines that the financial administration is to be handled by the Division, the manner of administration shall be included in the annual Intended Use Plan and shall likewise comply with all applicable requirements of the Federal Clean Water Act of 1987.(b) The forms of assistance to be provided by the State Revolving Loan Fund shall be in accordance with the annual Intended Use Plan, to be developed by the Director.(4) Environmental Review. All projects; defined in the Clean Water Act Section 212 (2) (A) as any devices and systems used in the storage, treatment, recycling, and reclamation of municipal sewage or industrial wastes of a liquid nature, including intercepting sewers, outfall sewers, sewage collection systems, pumping, power, and other equipment, and their appurtenances; extensions, improvements, remodeling, additions, and alterations thereof; receiving assistance from the State Revolving Loan Fund shall first undergo a review of environmental impacts and considerations. This review shall be in accordance with procedures developed by the Director and approved by the U. S. Environmental Protection Agency. (a) The loan applicant will be required to prepare an Environmental Information Document (EID), which describes the environmental impacts of the feasible alternatives, including a no-action alternative. The applicant will consult with federal and State agencies as appropriate for information required in preparing the EID. The applicant will conduct at least one public meeting during the planning process. The public will be allowed open discussion in the facilities planning process.(b) The State will perform an environmental review prior to issuing a Notice of No Significant Impact. The Director will prepare a detailed procedure for loan applicants to prepare the EID and for the State review process. Documents concerning the impact of the project on the environment shall be issued by the Director or his designated representative as necessary.(c) All final determinations made by the Director pursuant to the environmental review process shall constitute actions of the Director pursuant to O.C.G.A. Section 12-2-2(c)(2).(5)Application of State Programs. Actions consistent with Title VI of the Federal Clean Water Act of 1987 (P.L. 100-4) shall be taken with regard to the State Revolving Loan Fund.Ga. Comp. R. & Regs. R. 391-3-6-.14
O.C.G.A. Secs. 12-2-2, 12-2-6, 12-2-24, 12-3-8, 12-3-9, 12-3-32, 12-3-50, 12-3-50.1, 12-3-52, 12-5-20 et seq., 12-5-21, 12-5-36, 12-5-37, 12-5-38.1, 27-3-132.
Original Rule entitled "State Revolving Loan Fund" adopted as ER. 391-3-6-0.13-.14. F. Apr. 1, 1988; eff. Mar. 23, 1988, the date of adoption.Amended: Permanent Rule of same title adopted. F. July 8, 1988; eff. July 28, 1988.Amended: Rule retitled "State Revolving Fund". F. Apr. 8, 1993; eff. Apr. 28, 1993.Amended: ER. 391-3-6-0.32-.14 adopted. F. May 1, 1996; eff. April 25, 1996, the date of adoption.Amended: Permanent Rule adopted. F. July 10, 1996; eff. July 30, 1996.Amended: F. May 2, 1997; eff. May 22, 1997.Amended: F. Nov. 5, 2004; eff. Nov. 25, 2004.