Or. Admin. Code § 340-054-0010 - Definitions
The following definitions apply to this rule division:
(1) "Applicant" means a public agency or
qualified institution that has applied for a CWSRF loan under this
division.
(2) "Available sewer" has
the meaning given in ORS
454.779.
(3) "Borrower" means a public agency or
qualified institution that has signed a CWSRF loan agreement with
DEQ.
(4) "Change order" means a
written order, and supporting information from a borrower, to a borrower's
contractor authorizing an addition, deletion or revision in the work within the
scope of the contract documents, including any required adjustment in contract
price or time.
(5) "Checklist of
loan application requirements" means a list that DEQ provides of all documents
an applicant must submit to DEQ to receive a loan offer under this
division.
(6) "Clean Water Act" or
"CWA" means the federal Water Pollution Control Act,
33 U.S.C. §
1251- §
1387.
(7) "Clean Water State Revolving Fund" or
"CWSRF" means the Water Pollution Control Revolving Fund established under ORS
468.427.
(8) "Community development financial
institution borrower" or "CDFI Borrower" means a qualified institution that has
signed a CWSRF loan agreement with DEQ.
(9) "Community development financial
institution loan" or "CDFI loan" means a loan with proceeds made available from
a CWSRF loan that a qualified institution uses to finance projects to (i)
repair or replace failing on-site septic systems or (ii) replace failing
on-site septic systems with connections to an available sewer.
(10) "Construction" means erecting,
installing, expanding or improving a wastewater or stormwater facility,
nonpoint source control activity or estuary management project, and includes
demolishing an obsolete facility.
(11) "Cross-cutting authorities" means
requirements of federal laws and Executive Orders that apply to projects and
activities funded under the CWSRF program.
(12) "Default" means failing to pay
principal, interest or annual fees, or to comply with other CWSRF loan terms or
provisions, and includes filing bankruptcy or other written admission of an
inability to satisfy a borrower's obligations under a CWSRF loan.
(13) "DEQ" means the Oregon Department of
Environmental Quality.
(14)
"Design" means preparing engineering drawings and specifications for the
proposed construction, and may include pre-design activities.
(15) "Eligible recipient" means public agency
with the meaning given in ORS
468.423.
(16) "EPA" means the U.S. Environmental
Protection Agency.
(17) "Estuary
management" means implementing actions identified in a Comprehensive
Conservation Management Plan developed for a designated national
estuary.
(18) "Failing on-site
septic system" means an on-site septic system that discharges untreated or
incompletely treated sewage or septic tank effluent directly or indirectly onto
the ground surface or into public waters or that creates a public health
hazard.
(19) "Federal loans" are
loans DEQ designates yearly in its Intended Use Plan that represent projects
that are funded with monies directly made available by the federal
capitalization grant for the associated federal fiscal year.
(20) "Local community loan" means a loan, the
proceeds of which a public agency uses to establish a local financial program
that will fund an eligible nonpoint source control or estuary management
activity.
(21) "Maintenance" means
regularly scheduled work performed to repair, replace or upgrade equipment in a
facility, or to prevent or correct a failure or a malfunction of a wastewater
or stormwater facility, nonpoint source control or estuary management
project.
(22) "Natural
infrastructure" means using a natural form and ecosystem function to restore or
augment a project's intended water quality benefits.
(23) "Nonpoint source" has the meaning given
in ORS 468B.005.
(24) "Nonpoint source control" means
implementing a nonpoint source control activity under section 319 of the Clean
Water Act and 40 C.F.R.
§
35.3115(b) that is
included in the Oregon Nonpoint Source Management Program Plan.
(25) "On-site septic system" means a
subsurface on-site sewage treatment and disposal system, including, but not
limited to, alternative sewage disposal systems, nonwater-carried sewage
disposal facilities and subsurface sewage disposal systems as those terms are
defined in ORS 454.605.
(26) "Operation" means controlling wastewater
collection system pumping stations and wastewater facility treatment unit
processes, controlling equipment and processes of stormwater facilities,
nonpoint source control and estuary management projects, and the financial and
personnel management, records, laboratory control, process control, safety, and
emergency planning for these facilities and projects.
(27) "Planning" means monitoring, data
collection and measurement, evaluation, analysis, security evaluations, report
preparation, environmental review, public education and review process and any
other activity leading to a written plan for providing a wastewater or
stormwater facility, nonpoint source control or estuary management project
intended to remediate an existing or anticipated water pollution problem, but
does not include the preparation of detailed bid documents for
construction.
(28) "Point source"
has the meaning given in ORS
468B.005.
(29) "Principal forgiveness" means additional
subsidization that allows a borrower to repay only a specified portion of the
loan principal.
(30) "Project"
means the activities or tasks identified in a loan application or a loan
agreement for which a borrower may expend or obligate funds.
(31) "Project period" means the timeframe a
project may be financed by a CWSRF loan.
(32) "Public agency" has the meaning given in
ORS 468.423.
(33) "Public agency borrower" means a public
agency that has signed a CWSRF loan agreement with DEQ.
(34) "Qualified institution" has the meaning
given in ORS 468.423.
(35) "Ready to proceed" means, in regard to a
project, that a loan applicant's project details have been published in the
Intended Use Plan under OAR
340-054-0025(3)-
340-054-0025(5)
and the applicant has met all loan requirements set out in OAR
340-054-0022.
(36) "Replacement" means obtaining and
installing equipment, accessories or appurtenances necessary for operating a
wastewater or stormwater facility, nonpoint source control or estuary
management project in order to maintain a facility or project for the purpose
for which it was designed and constructed during its useful life, but does not
mean replacing a facility or project at the end of its useful life.
(37) "Small community" means a public agency
serving a population of 10,000 or less.
(38) "Sponsorship option" means DEQ's
financing mechanism that allows a public agency with the authority to finance
and implement a wastewater facility project and an eligible nonpoint source
control or estuary management activity to be financed through one combined
CWSRF application.
(39)
"Stormwater" means water runoff from a precipitation event, snowmelt runoff,
and surface runoff and drainage.
(40) "Sub-borrower" means a responsible party
that signs a sub-loan.
(41)
"Sub-loan" means a loan issued to a sub-borrower by a borrower using CWSRF loan
proceeds.
(42) "Sustainability"
means the long term reliability and viability of finance, operations,
environmental performance or technology, or using natural
infrastructure.
(43) "Treatment
works" has the meaning given in ORS
468.423.
(44) "Wastewater" has the meaning given for
"sewage" in ORS 468B.005.
(45) "Wastewater collection system" means
publicly owned pipelines, conduits, pumping stations, force mains and any other
related structures, devices or equipment used to convey wastewater to a
wastewater treatment facility.
(46)
"Wastewater facility" means a wastewater collection system or wastewater
treatment facility.
(47)
"Wastewater treatment facility" means a publicly owned plant, device, structure
or equipment used to treat, neutralize, stabilize, reuse or dispose of
wastewater and treatment residuals.
Notes
The Intended Use Plan referenced is available from the agency. View a PDF of the Oregon Nonpoint Source Management Program by clicking on the "Tables" link below.
To view attachments referenced in rule text, click here to view rule.
Statutory/Other Authority: ORS 468.020 & 468.440
Statutes/Other Implemented: ORS 468.423 - 468.440
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