Okla. Admin. Code § 785:50-9-9
The following words and terms, when used in this Sub-chapter, shall have the following meaning, unless the context clearly indicates otherwise:
"303(d) List" means the list of impaired waters of the State, or most recent approved revision thereof, developed pursuant to Section 303(d) of the Clean Water Act as amended and maintained on file at the Board.
"Applicant" means any municipality, as defined, that submits a preapplication/application for financial assistance in accordance with this subchapter.
"Architectural or engineering services" means consultation, investigations, reports, or services for design-type projects within the scope of the practice of architecture or professional engineering.
"As a result of" means funds in the Clean Water SRF including the capitalization grant, repayments of first round loans, bond proceeds, and the State match.
"Binding commitment" means binding commitments are legal obligations by the State to the local recipient that define the terms and the timing for assistance under Clean Water SRF.
"Board" means the Oklahoma Water Resources Board authorized by law to make final adjudications, execute contracts, adopt rules and carry out other powers and duties set forth by law or, for duties authorized by law to be delegated to the Executive Director, the Executive Director or any employee or agent or staff member thereof as assigned by the Executive Director.
"Board Staff" means the Chief of Financial Assistance or the Chief's designee.
"Brownfield"means an abandoned, idled or underused industrial or commercial facility or other redevelopment of the real property is complicated by environmental contamination caused by regulated substances [27A:2-15-103(2)].
"Brownfield activities" means those activities which are conducted under the Oklahoma Brownfields Voluntary Redevelopment Act for eligible entities that have obtained a draft or final permit pursuant to the National Pollution Discharge Elimination Act or Oklahoma Pollutant Discharge Elimination System Act, which are designed to improve water quality, and which are exempt from funds administered under the Nonpoint Source Management Program of the federal Clean Water Act.
"Brownfield assessment" means any phase I, phase II, phase III or other study required by the Department which is used to assess a brownfield.
"Building" means the erection, acquisition, alteration, remodeling, improvement or extension of treatment works.
"Capitalization grant" means an agreement between EPA and State whereby federal dollars are made available to partially fund a Clean Water SRF.
"Collector sewer" means the common lateral sewers, within a publicly owned treatment system which are primarily installed to receive wastewaters directly from facilities which convey wastewater from individual systems, or from private property, and which include service "Y" connections designed for connection with those facilities including:
(A) Crossover sewers connected more than one property on one side of a major street, road, or highway to a lateral sewer on the other side when more cost effective than parallel sewers; and
(B) Pumping units and small diameter lines serving individual structures or groups of structures.
"Combined sewer" means a sewer that is designed as a sanitary sewer and a storm sewer.
"Conservation Commission" means the Oklahoma Conservation Commission.
"Construction" means any one or more of the following: brownfield assessment; preliminary planning to determine feasibility, engineering, architectural, legal, fiscal, or economic investigations or studies, surveys, designs, plans, working drawings, specifications, procedures, or other actions or undertakings necessary to a project; erection, building, acquisition, alteration, remodeling, improvement, or extension of a project; or the inspection or supervision of any of the foregoing items.
"Consultant" means a person duly licensed, registered or certified to practice a profession as required by Oklahoma law who is providing services or advice in that professional capacity. Examples include, but are not limited to, accountants, architects, attorneys, engineers, and financial advisors.
"Contingency section" means that portion of the planning portion of the priority list consisting of projects which may receive loans due to bypass provision or due to additional funds becoming available.
"Cross-cutting laws and orders" means Federal laws and authorities that apply to all activities supported with funds "directly made available by" capitalization grants.
"DBE" means Disadvantaged Business Enterprises.
"DBE participation" means the federal requirement for negotiation of a "fair share" objective for minority, disadvantaged and women owned businesses applies to assistance in an amount equal to the capitalization grant.
"Department" means the Oklahoma Department of Environmental Quality.
"Enforceable requirements of the Clean Water Act" means those conditions or limitations of NPDES or other discharge permits which, if violated, could result in the issuance of a compliance order or initiation of a civil or criminal action. If a permit has not been issued, the term shall include any requirement which would be included in the permit when issued. Where no permit applies, the term shall include any requirement which is necessary to meet applicable criteria for best practicable wastewater treatment technology (BPWTT).
"Equivalency projects" means project cited by the Board as meeting the requirement of the capitalization grant.
"Excessive infiltration/inflow" means the quantities of infiltration/inflow above 120 gallons per capita per day (GPCD), which can be economically eliminated from a sewer system as determined in a cost-effectiveness analysis that compares the costs for correcting the infiltration/inflow conditions to the total costs for transportation and treatment of the infiltration/inflow.
"Fundableportion" means that portion of the Project Priority List which 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.
"Infiltration" means water other than wastewater that enters a sewer system (including sewer service connections and foundation drains) from the ground through such means as defective pipes, pipe joints, connections, or manholes. Infiltration does not include, and is distinguished from inflow.
"Inflow" means water other than wastewater that enters a sewer system (including sewer service connections) from sources such as, but not limited to, roof leaders, cellar drains, yard drains, area drains, drains from springs and swampy areas, manhole covers, cross connections between storm sewers and sanitary sewers, catch basins, cooling towers, storm waters, surface runoff, street wash waters, or drainage. Inflow does not include, and is distinguished from infiltration.
"In perpetuity" means maintaining the principal amounts of the federal capitalization grants and state matching funds within the CWSRF.
"Intended Use Plan" means a document prepared each year by the State, which identifies the intended uses of the funds in the CWSRF and describes how those uses support the goals of the CWSRF.
"Interceptor sewer" means a sewer which is designed for one or more of the following purposes:
(A) To intercept wastewater from a final point in a collector sewer and convey such wastes directly to a treatment facility or another interceptor.
(B) To replace an existing wastewater treatment facility and transport the wastes to an adjoining collector sewer or interceptor sewer for conveyance to a treatment plant.
(C) To transport wastewater from one or more municipal collector sewers to another municipality or to a regional plant for treatment.
(D) To intercept an existing major discharge of raw or inadequately treated wastewater for transport directly to another interceptor or to a treatment plant.
"Loan" means an agreement between the State and the local recipient through which the Clean Water SRF provides funds for eligible assistance on terms consistent with the federal Water Quality Act of 1987 or otherwise approved by the Environmental Protection Agency.
"MGD" means millions of gallons per day.
"Municipality" means a city, town, county, district, association, or other public body (including an intermunicipal agency of two or more of the foregoing entities) created under State law, or an Indian tribe or an authorized Indian tribal organization, having jurisdiction over disposal of sewage, industrial wastes, or other waste, or a designated and approved management agency consistent with the State Water Quality Management Plan.
"NEPA" means the National Environmental Policy Act.
"Nonexcessive infiltration" means the quantity of infiltration which cannot be economically and effectively eliminated from a sewer system as determined in a cost effectiveness analysis.
"Nonexcessive inflow" means the rainfall induced peak inflow rate which does not result in chronic operational problems related to hydraulic overloading of the treatment works during storm events. These problems may include surcharging, backups, bypasses, and overflows.
"Nonpoint source" means a source of pollution which is diffuse and does not have a single point of origin or is introduced into a receiving stream from a specific outlet.
"Nonpoint source activities" means capital works, capital improvements, capital equipment, environmental cleanups, land acquisition, or implementation of management practices for the purpose of protecting or improving surface or underground water quality through watershed management or reduction of nonpoint source pollution as authorized by the Clean Water Act.
"NPDES" means National Pollutant Discharge Elimination System.
"Operable treatment works" means a treatment works that, upon completion, will meet the enforceable requirements of the Clean Water Act.
"Operation and maintenance" means activities required to assure the dependable and economical function of treatment works.
(A) "Maintenance" means preservation of functional integrity and efficiency of equipment and structures. This includes preventive maintenance, corrective maintenance and replacement of equipment.
(B) "Operation" means control of the unit processes and equipment which make up the treatment works. This includes financial and personnel management, records, laboratory control, process control, safety and emergency operation planning.
"OWQS" means the Oklahoma Water Quality Standards promulgated by the Board at Oklahoma Administrative Code Title 785, Chapter 45, as amended.
"Planning" means the process of evaluating alternative solutions to water pollution problems, and through a systematic screening procedure, selecting the most cost effective environmentally sound alternative.
"Planning portion" means that part of the Project Priority List containing all projects outside the fundable portion of the list that may, under anticipated allotment levels, receive funding during the five-year planning period represented by the list.
"Project" means the water quality project for which Clean Water SRF assistance is provided. Water quality projects include:
(A) construction and design, or construction of an operable treatment works or segment thereof the principal purpose of which is for the treatment of domestic users' discharges within the jurisdiction, community, sewer service area, region or district concerned;
(B) storm water and Brownfield activities;
(C) nonpoint source activities; or
(D) other water quality projects as defined by 82 O.S. § 1085.52, as amended.
"Project completion" means the date operations of the project are initiated or are capable of being initiated, whichever is earlier.
"Project Priority List" means a contiguous list of projects in order of priority for which Clean Water SRF assistance is expected during a five-year planning period.
"Project priority points" means the total number of points assigned to a project by using the priority ranking formula.
"Reallotment" means allotment of previously allotted unused funds.
"Recipient" means a municipality or other entity which receives assistance under the Clean Water SRF program.
"Repayment" means principal and interest payments on loans which must be credited directly to the Clean Water SRF.
"Replacement" means those expenditures for obtaining and installing equipment, accessories, or appurtenances during the useful life of the treatment works necessary to maintain the capacity and performance for which such works are designed and constructed.
"Responsible bidder" means a prospective contractor that currently meets the minimum standards of financial and technical ability to perform the tasks identified in the project specifications.
"Revenue programs" means a formally documented determination of sewer 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.
"Sewer System Evaluation Survey (SSES)" means a study which shall identify the location, estimated flow rate, method of rehabilitation, and cost of rehabilitation versus the cost of transportation and treatment for each defined source of infiltration/inflow.
"State match" means funds equaling at least 20% of the amount of the capitalization grant which the State must deposit into the Clean Water SRF.
"State Revolving Fund" or "SRF" means funds for loans or providing other assistance for pollution control projects established through capitalization grants from EPA and State matching funds.
"Storm sewer" means a sewer designed to carry only storm waters, surface runoff, street wash waters, and drainage.
"Treatment works" means any devices and systems used in the storage, treatment, recycling, and reclamation of municipal sewage, including intercepting sewers, outfall sewers, sewage collection systems, pumping, power, and other equipment, and their appurtenances. In addition "treatment works" means any other method or system for preventing, abating, reducing, storing, treating, separating, or disposing of municipal waste, including storm water runoff, including on-site systems and waste in combined storm water and sanitary sewer systems.
"User charge" means a charge levied on users of a treatment works for the user's share of the cost of operation and maintenance (including replacement) of such works.
"Water Reuse" means wastewater that is treated to be used for other purposes, may also be called recycled water or reclaimed water.
Okla. Admin. Code § 785:50-9-9
Added at 10 Ok Reg 3333, eff 7-1-93 ; Amended at 11 Ok Reg 3007, eff 6-13-94 ; Amended at 12 Ok Reg 2715, eff 7-1-95 ; Amended at 15 Ok Reg 2881, eff 7-1-98 ; Amended at 17 Ok Reg 2772, eff 7-1-00 ; Amended at 20 Ok Reg 2622, eff 7-11-03 ; Amended at 23 Ok Reg 3086, eff 7-27-06 ; Amended at 25 Ok Reg 1473, eff 5-27-08 ; Amended at 26 Ok Reg 1715, eff 6-11-09 ; Amended at 27 Ok Reg 1321, eff 5-27-10 ; Amended at 28 Ok Reg 1026, eff 7-1-11 ; Amended at 30 Ok Reg 987, eff 6-13-13