Okla. Admin. Code § 252:633-1-5

Current through Vol. 42, No. 6, December 2, 2024
Section 252:633-1-5 - Definitions

The following words and terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise:

"Applicant" means the entity applying or having applied to the DEQ for financial assistance under the provisions of this Chapter and 82 O.S. §§ 1085.71-1085.84 .

"Application" means the application process or procedure through which an applicant applies for financial assistance. In context, this word shall also be understood to refer to the written application document(s), with attachments, through which application for financial assistance is made.

"Binding commitment" means legal obligations by the State to the local recipient that define the terms and the timing for assistance under the DWSRF.

"Building" means the erection, acquisition, alteration, remodeling, improvement or extension of drinking water systems.

"Capitalization grant" means an agreement between EPA and State by which federal dollars are made available to partially fund a Drinking Water State Revolving Fund (DWSRF).

"Comprehensive Project Priority List (Project Priority List)" means a list of all projects requesting funds from the DWSRF, ranked in order of priority for funding for which DWSRF assistance is expected during a five-year planning period.

"Construction" means any one or more of the following: Preliminary planning to determine the feasibility of drinking water systems, engineering, architectural, legal, fiscal, or economic investigations or studies, surveys, designs, plans, working drawings, specifications, procedures, or other necessary actions, building, or the inspection or supervision of any of these items.

"Contingency section" means that portion of the fundable list consisting of projects which may receive loans due to bypass provision or due to additional funds becoming available.

"DBE" means disadvantaged business enterprise.

"DEQ" means Department of Environmental Quality.

"Drinking Water Treatment Project" means:

(A) any engineering undertaking or work to control or develop drinking water treatment facilities of eligible entities,

(B) any system necessary to improve or develop drinking water supply, treatment or distribution capabilities, or

(C) any implementation of water source protection programs as authorized by the federal Safe Drinking Water Act.

"DWSRF" means Drinking Water State Revolving Fund, sometimes referred to as the Fund.

"Eligible entity" means those applicants determined by the DEQ and OWRB to be eligible for financial assistance from OWRB to finance approved projects.

"Engineering services" means consultation, investigations, reports, or services for design-type projects within the scope of the practice of architecture or professional engineering.

"EPA" means the Environmental Protection Agency.

"Equivalency projects" means those projects, selected by the DEQ as meeting the requirements of the federal capitalization grant.

"Financial assistance" means the act, process or program of DEQ or OWRB participation in the loaning, granting of, or contracting for, financial assistance funds to an applicant for the financing of a DEQ approved project.

"Fundable List" means projects listed on the Project Priority List which have met all the requirements for funding and 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.

"Initiation of operation" means the date specified by the recipient on which use of the project begins.

"Intended Use Plan" (IUP) means a document prepared each year by the DEQ, which identifies the intended uses of the funds in the DWSRF and program set-asides and describes how those uses support the goals of the DWSRF.

"Loan" means an agreement between the OWRB and the local recipient through which the DWSRF provides funds for eligible assistance, and the recipient promises to repay the principal sum to the DWSRF over a period not to exceed the length of the loan at an interest rate established at or below market rates (may be interest free).

"MBE" means minority business enterprise.

"MBE/WBE participation" means the federal requirement for negotiation of a "fair share" objective for minority and women owned businesses (MBE/WBE).

"MGD" means million of gallons per day.

"OAC" means the Oklahoma Administrative Code.

"Operation and maintenance" means activities required to assure the dependable and economical function of water systems.

(A)"Maintenance" means preservation of functional integrity and efficiency of equipment and structures. This includes preventive activities, corrective actions and replacement of equipment.

(B)"Operation" means control of the unit processes and equipment that make up the drinking water system. This includes financial and personnel management, records, laboratory control, process control, safety and emergency operation planning.

"O.S." means Oklahoma Statutes.

"OWRB" means Oklahoma Water Resources Board.

"Planning" means the process of evaluating alternative solutions to drinking water system problems, and through a systematic screening procedure, selecting the most cost effective alternative.

"Pledge" means the act or process through which an applicant commits, obligates and encumbers its property, real or personal, or its revenues, existing or anticipated, all being of or from the projects or otherwise, to the OWRB as security and means for repayment of the loan made to the applicant by the OWRB.

"Project" means the scope of work for which DWSRF assistance is provided.

"Project completion" means the date of the final inspection of the project, certifying that the construction of the project is complete and that the constructed system is considered fully operational.

"Project cost" means applicant's direct and incidental costs of acquiring, constructing and furnishing the project.

"Project priority points" means the total number of points assigned to a project by using the priority ranking formula.

"Recipient" means a municipality or other entity that receives assistance under the DWSRF program.

"Revenue programs" means a formally documented determination of water 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.

"State match" means funds equaling at least 20% of the amount of the capitalization grant which the State must deposit into the DWSRF.

"User charge" means a charge levied on users of a water supply for the user's share of the cost of operation and maintenance (including replacement) of such works.

"Water System" means a water treatment plant, water wells, intake structures, raw water lines and all related pipelines or conduits, pumping stations and mains and all other appurtenances and devices used for distributing drinking water to the public.

"WBE" means women business enterprise.

Okla. Admin. Code § 252:633-1-5

Added at 14 Ok Reg 1139, eff 3-18-97 (emergency); Added at 14 Ok Reg 1690, eff 6-2-97; Amended at 15 Ok Reg 1957, eff 6-1-98; Amended at 25 Ok Reg 1140, eff 7-1-08