W. Va. Code R. § 47-31-2

Current through Register Vol. XLI, No. 24, June 14, 2024

Section 47-31-2 - Definitions

2.1. "Act" means the Water Pollution Control Revolving Fund Act, W. Va. Code

§ 22C-2-1 et seq.

2.2. "Applicant" means a local entity that applies for a loan pursuant to the provisions of this rule.

2.3. "Authority" means the West Virginia Water Development Authority.

2.4. "Bond Purchase Agreement" means an agreement entered into among the Authority, the Instrumentality, and a disadvantaged community pertaining to the Authority's purchase of the disadvantaged community's bonds evidencing a loan.

2.5. "Clean Water Act" or "CWA" means the federal Water Pollution Control Act, as amended by the Water Quality Act of 1987, 33 U.S.C. §1251, et. seq.

2.6. "Contract" means a legally binding obligation between the applicant and a private contractor or supplier to provide construction services, materials, equipment, or supplies for construction.

2.7. "Cost" means the total of all costs incurred by a local entity that are reasonable and necessary for carrying out all works and undertakings necessary or incidental to the accomplishment of any project including:

2.7.a. The costs of developmental, planning, and feasibility studies, surveys, plans, and specifications;

2.7.b. The costs of architectural, engineering, financial, legal, or other special services;

2.7.c. The costs of acquisition of land and any buildings and improvements thereon, including the discharge of any obligations of the sellers of such land, buildings, or improvements;

2.7.d. The costs of site preparation and development, including demolition or removal of existing structures, construction and reconstruction, labor, materials, machinery, and equipment;

2.7.e. The reasonable costs of financing incurred by the local entity in the course of the development of the project, carrying charges incurred before placing the project in service, interest on funds borrowed to finance the project to a date subsequent to the estimated date the project is to be placed in service, necessary expenses incurred in connection with placing the project in service, and the funding of accounts and reserves as required by the Authority and the Instrumentality; and

2.7.f. Such other items as are deemed reasonable and necessary by the Instrumentality.

2.8. "Disadvantaged Community" means an applicant as defined in the annual Intended Use Plan.

2.9. "Disbursement" means the transfer of cash from the Fund to an applicant.

2.10. "EPA" means the United States Environmental Protection Agency.

2.11. "Fund" or "SRF" means the state Water Pollution Control Revolving Fund.

2.12. "Instrumentality" means the West Virginia Department of Environmental Protection.

2.13. "Intended Use Plan" means a plan developed in conformance with the provisions of CWA Section 606(c) that identifies the intended uses of moneys available for loans in the Fund for each fiscal year.

2.14. "Loan" means a loan made by or bonds purchased by the Authority, pursuant to section 4 of this rule for funding all or part of a project's costs.

2.15. "Loan Agreement" means an agreement entered into among the Authority, the Instrumentality, and an applicant pertaining to a loan.

2.16. "Local Entity" means any county, city, town, municipal corporation, authority, district, public service district, commission, banking institution, political subdivision, regional governmental authority, state government agency, interstate agency, or not-for-profit association or corporation in West Virginia.

2.17. "Major Procurement Action" means a procurement action involving an aggregate amount in excess of the amount specified in 148CSR1.

2.18. "Minor Procurement Action" means a single procurement action involving an aggregate amount that does not exceed the amount specified in 148CSR1, including all extraneous charges.

2.19. "NPDES" means National Pollutant Discharge Elimination System.

2.20. "Project" means any wastewater treatment facility located or to be located in or outside this State by a local entity and includes:

2.20.a. Sewage and wastewater collection, treatment, and disposal facilities;

2.20.b. Drainage facilities and projects;

2.20.c. Administrative, maintenance, storage, and laboratory facilities related to the facilities delineated in subdivisions 2.20.a. through 2.20.b.;

2.20.d. Interests in land related to the facilities delineated in subdivisions 2.20.a through 2.20.c.; and

2.20.e. Other projects allowable under federal law.

2.21. "Project Completion" means the date on which operation of the project is initiated or is capable of being initiated, whichever is earlier.

2.22. "Recipient" means a local entity that has received a loan from or sold a bond to the Authority pursuant to the provisions of this rule.

2.23. "Secretary" means the Secretary of the West Virginia Department of Environmental Protection or his or her designee.

2.24. "State Project Priority List" means the list of projects that may qualify for SRF loan assistance.

2.25. "Subagreement" means a contractual obligation between the applicant and a professional firm/organization to provide services other than construction work.

2.26. "Treatment Works" means any device or system for the storage, collection, treatment, recycling, and reclamation of municipal sewage, domestic sewage, or liquid industrial waste used to implement CWA Section 201 or necessary to recycle or reuse water at the most economical cost over the design life of the works.

W. Va. Code R. § 47-31-2