Section Env-Dw 1404.08 - Establishment and Verification of Revenue Program(a) The applicant shall establish:(1) A schedule of user charges that is designed to generate sufficient revenues to cover operation and maintenance expenses as well as any allocable portion of capital improvements; and(2) A dedicated source or sources of revenue to repay the loan.(b) For purposes of (a)(2), above, a revenue source shall be considered dedicated when the recipient passes or adopts an ordinance or other binding resolution committing the source of funds for repayment to the PFAS RLF.(c) The applicant's ordinance or other binding resolution dedicating a source of funding for repayment of the loan shall be in effect and binding on the applicant prior to the loan agreement taking effect.(d) For an applicant that is a governmental entity, the verification required by Env-Dw 1404.01(a)(6) shall be made using "Financial Certification - Publicly-Owned Systems", NHDES-W-03-262, January 2021, available at https://onlineforms.nh.gov/?FormTag=NHDES-W-03-262 or via the department's web site at www.des.nh.gov, by: (1) Certifying that the applicant has the financial capability to support both the project loan repayment and continuing operation and maintenance of its water system;(2) Identifying the source of repayment;(3) Affirming that the applicant will conduct and report on a financial audit, including compliance and controls, in any calendar year it receives PFAS RLF funds in excess of $500,000; and(4) Stating whether or not the applicant has existing debt outside the New Hampshire municipal bond bank and, if so, the amount of the debt and whether the debt is rated and, if the debt is rated, the rating; and(5) Signing and certifying the certification as provided in Env-Dw1404.09.(e) For an applicant that is a non-governmental entity, the verification required by Env-Dw 1404.01(a)(6) shall be made using "Financial Certification - Privately-Owned Systems", NHDES-W-03-263, January 2021, available at https://onlineforms.nh.gov/?FormTag=NHDES-W-03-263 or via the department's web site at www.des.nh.gov, by: (1) Identifying the source of repayment;(2) Certifying that the applicant:a. Has the financial capability to support both the project loan repayment and continuing operation and maintenance of its water system; andb. Will conduct and report on a financial audit, including compliance and controls, in any calendar year it receives PFAS RLF funds in excess of $500,000; and(3) Signing and certifying the certification as provided in Env-Dw 1404.09.N.H. Code Admin. R. Env-Dw 1404.08
Derived from Volume XLI Number 6, Filed February 11, 2021, Proposed by #13164, Effective 1/26/2021, Expires 1/26/2031.