N.D. Admin Code 33.1-35-01-01 - Definitions

Current through Supplement No. 382, October, 2021

For the purpose of this chapter, the following definitions apply:

1. "Act" means the federal Water Pollution Control Act of 1972, Public Law 92-500, as Adopted by the Water Quality Act of 1987 [ Pub. L. 100-4; 33 U.S.C. 1251-1376 ].
2. "Bank of North Dakota" means the Bank of North Dakota as created by North Dakota Century Code chapter 6-09.
3. "Public finance authority" means the North Dakota public finance authority created by North Dakota Century Code chapter 6-09.4, or a public body and instrumentality of the state which succeeds to the powers, duties, and functions of the bond bank.
4. "Construction" means the erection, acquisition, alteration, reconstruction, improvement, or extension of wastewater treatment works or section 319 projects, including preliminary planning to determine the economic feasibility; the engineering, architectural, legal, fiscal, and economic investigations and studies; surveys; designs; plans; procedures; and other similar action necessary in the building and inspection supervision of the construction of wastewater treatment works or section 319 projects.
5. "Department" means the department of environmental quality.
6. "Director" means the director of the division of municipal facilities, the department of environmental quality.
7. "Facility plan" means an engineering evaluation of present and future treatment needs, an evaluation of several treatment alternatives, and the selection and justification of a final treatment alternative.
8. "Financial agent" means the North Dakota public finance authority or such other agent as the department selects.
9. "Financial assistance" means the lending of funds from the state revolving fund by the department and its financial agent to a political subdivision through the purchase of its bond, note, warrant, or other evidence of indebtedness issued to finance or refinance all or part of the construction of wastewater treatment works or section 319 projects. Financial assistance also includes all other forms of eligible assistance under the Act.
10. "Intended use plan" means a document prepared annually by the department on behalf of the state which provides assurances and specific proposals, including a list of potential projects eligible for assistance from the state revolving fund and a federal payment schedule.
11. "Political subdivision" means any municipality, intermunicipal or interstate agencies, or any other entity constituting a political subdivision under the laws of North Dakota.
12. "Project cost" means the cost of construction of wastewater treatment works and the capitalized interest necessary for the construction financing.
13. "Section 319 project" means a project authorized and undertaken in conformance with section 319 of the Act [ 33 U.S.C. 1329 ] that uses some form of land treatment, watershed treatment, or best management practices to improve water quality.
14. "State revolving fund" means the state water pollution control revolving loan fund as established in North Dakota Century Code chapter 61-28.2.
15. "Wastewater treatment works" means a facility used for the disposal of pollutants which may include wastewater treatment facilities, infiltration or inflow correction, major sewer system rehabilitation, new collector sewers, new interceptors and appurtenances, combined sewer correction, and storm sewer projects.

Notes

N.D. Admin Code 33.1-35-01-01
Adopted by Administrative Rules Supplement 370, October 2018, effective January 1, 2019.

General Authority: NDCC 61-28.2-01; S.L. 2017, ch. 199, § 1

Law Implemented: NDCC 61-28.2-01; S.L. 2017, ch. 199, § 70

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