La. Admin. Code tit. 33 § IX-2105
Act-Act 349 of the 1986 Louisiana Legislature enacting R.S. 30:2011(D)(4), 2074(A)(4) and (B)(6), and 2078 relative to the Louisiana Environmental Quality Act, and/or Act 296 of the 2010 Regular Session of the Louisiana Legislature, amending R.S. 30:2011(D)(4), 2074(A)(4) and (B)(6), and 2078.
Administrative Authority - the secretary of the department or his/her designee.
Allowable Cost-those project costs that are eligible, reasonable, necessary, and allocable to the project; permitted by the appropriate federal cost principles, and approved in the loan agreement.
Applicant-any political subdivision, agency, commission of the state, or private entity allowed by federal act or federal regulation, that submits an application for financial assistance in accordance with these regulations.
Bonds-the bonds, notes, renewal notes, refunding bonds, interim certificates, certificates of indebtedness, debentures, warrants, commercial paper, or other obligations or evidences of indebtedness authorized to be issued by the department.
Construction-includes preliminary planning, engineering, architectural, legal, fiscal, economic investigations and/or studies, surveys, designs, plans, working drawings, specifications, erection, building, acquisition, alteration, remodeling, improvement or extension of treatment works.
Cost-the cost of acquisition and construction; the cost of all land, rights-of-way, property rights, easements, franchise rights and interests required by the department for such acquisition and construction; the cost of all machinery, furnishings, and equipment; all financing charges, and interest prior to and during construction; the cost of all engineering services and all expenses of research and development with respect to eligible projects; the cost of all legal services and expenses; the cost of all plans, specifications, land surveying and estimates of cost and revenues; all working capital and other expenses necessary or incident to determining the feasibility or practicability of acquisition or construction of any such project; all administrative expenses and such other expenses as may be necessary or incident to the acquisition or construction of the project, the financing of such acquisition or construction, including the amount authorized in the resolution of the department providing for the issuance of revenue bonds to be paid into any special funds from the proceeds of such bonds; and the financing of the placing of any such project in operation.
Department-the Louisiana Department of Environmental Quality.
Designated Management Agency-an agency identified by a water quality management plan and designated by the governor to implement specific control recommendations.
Eligible Recipient - a political subdivision, public trust, agency or commission of the state, or a private entity as allowed by the federal act and/or federal regulations.
Environmentally Sensitive Area-an area with unique ecological features which may suffer irreversible damage from even small changes in the environment. This includes, but is not limited to, floodplains, wetlands, prime agricultural lands, aquifer recharge areas, coastal zones, habitats of rare or endangered species, wild and scenic rivers, etc.
Federal Act - the Federal Water Pollution Control Act Amendments of 1972, known as the Clean Water Act, as amended, 33 U.S.C. § 1245 et seq., (1972).
Federal Government-the United States of America and any agency of instrumentality, corporate or otherwise, of the United States of America.
Financial Capability-the applicant shall demonstrate an unencumbered and sufficient future revenue stream to meet the annual debt service of the loan being provided by the CWSRF as determined by the administering authority. Sufficiency of a future revenue stream may be determined by examining audited financial statements, review of future net income based on increased user fees, and/or approval of the funding by the Louisiana State Bond Commission.
Initiation of Operation - for wastewater treatment projects, the date operations of the treatment works are initiated or are capable of being initiated, whichever is earlier.
Lending Institution-any bank, bank or trust company, federal land bank, production credit association, bank for cooperatives, building and loan association, homestead, insurance company, investment banker, mortgage banker or company, pension or retirement fund, savings bank or savings and loan association, small business investment company, credit union, or any "Edge Act Corporation" or agreement corporation organized or operating pursuant to Section 25 of the Federal Reserve Act.
Loan Program Agreement-a contractual arrangement by and between a municipality and the state acting by and through the department, providing for loans to such municipality for the purpose of paying the cost of construction of eligible projects.
Municipality-a city, town, village, district, parish, Native American tribe, or an authorized Native American tribal organization, or public body having jurisdiction over transport, treatment, and/or disposal of sewage, industrial waste, other waste.
Operation and Maintenance-those functions that result in expenditures during the useful life of the treatment works for materials, labor, utilities, and other items which are necessary for managing and maintaining the sewage works to achieve the capacity and performance for which such works were designed and constructed.
Pollution-
1. the discharge, release, escape, deposit or disposition, directly or indirectly, of treated or untreated sewage, industrial wastes or other wastes, of whatever kind or character, in or near any water of the state, in such condition, manner or quantity, as does, will, or is likely to contaminate or substantially contribute to the alteration of the physical, chemical or biological properties of any such waters, if such contamination or alteration where an applicant only contributes thereto, is to such an extent as to make any of such waters:
a. directly or indirectly harmful, detrimental or injurious to the public health, safety, and welfare;
b. directly or indirectly detrimental to existing animal, bird, fish, aquatic or plant life;
c. unsuitable for present or future domestic, commercial, industrial, agricultural, recreational, scenic or other legitimate uses; and also means:
2. the discharge, release, escape, deposit, or disposition, directly or indirectly, of treated or untreated sewage, industrial wastes or other wastes, of whatever kind of character, in or near any waters of the state in such condition, manner or quantity of the waters of the state below the standards established therefore by the United States or any department, agency, board or commission of this state authorized to establish such standards.
Program Loans-loans made to an applicant by the state which are required to be repaid pursuant to a loan program agreement.
Project Completion-the date a project is complete and accepted by the owner. For wastewater treatment projects, the project completion is the initiation of operation date.
Replacement-obtaining and installing equipment, accessories, or appurtenances which are necessary during the useful life of the treatment works to maintain the capacity and performance for which such works were designed and constructed.
Sewage-water-carried human or animal wastes from residences, buildings, industrial establishments or other places, together with such groundwater infiltration and surface waters as may be present.
State-the state of Louisiana or any agency or instrumentality thereof.
User Charge-a charge levied on users of a treatment works for the cost of operation and maintenance, including replacement or loan payment.
Wastewater-any water containing sewage, industrial wastes, or other wastes of contaminants derived from the prior use of such water, and shall include without limiting the generality of the foregoing, surface water of the type storm sewers are designed to collect and dispose of.
Wastewater Facilities-facilities for the purpose of collecting, transporting, treating, neutralizing, disposing of, stabilizing, cooling, segregating or holding wastewater, including without limitation the generality of the foregoing, facilities for the treatment and disposal of sewage, industrial wastes, or other wastes, wastewater, and the residue thereof; facilities for the temporary or permanent impoundment of wastewater, both surface and underground; and sanitary sewers or other collection systems, whether on the surface or underground, designed to transport wastewater together with the equipment and furnishings thereof and their appurtenances and systems, whether on the surface or underground including force mains and pumping facilities therefore.
Water Quality Management Plan-a state or areawide waste treatment management plan that identifies water quality problems and details the state's objectives and strategies for their resolution, and outlines the institutional framework necessary for the effective implementation of the proposed strategies.
La. Admin. Code tit. 33, § IX-2105