Ala. Admin. Code r. 335-11-1-.01

Current through Register Vol. 43, No. 1, October 31, 2024

Section 335-11-1-.01 - Definitions

The words and terms used in this chapter shall have the following meanings unless the context clearly indicates otherwise.

(a) "Act" means the Federal Water Pollution Control Act, 33 USC 1251 et seq, as amended, November 2002, also known as the amended Clean Water Act. Sections 212, 319, and 320 and Title VI of the Act pertain to the Clean Water State Revolving Fund. Alabama Act No. 87-226.

(b) "Affordability Criteria" means the empirical number that is generated based on a combination of community poverty rate, community unemployment rate and statewide population trend.

(c) "Affordability Measure" means the empirical number that projects that are above this number are considered unaffordable.

(d) "Allowable Costs" means those costs that are eligible, reasonable, necessary, and allocable to the project; permitted by generally accepted accounting principles; and approved by the Department in the assistance agreement.

(e) "Applicant" means the public body that has submitted an application to the Department for financial assistance from the Clean Water State Revolving Fund.

(f) "Application" means the information submitted by an applicant to the Department to obtain financial assistance, including technical, environmental, and financial information necessary to determine the eligibility for financial assistance from the Clean Water State Revolving Fund.

(g) "Assistance Agreement" means a loan or grant from the Clean Water State Revolving Fund for the allowable costs of the project.

(h) "Clean Water State Revolving Fund" or "CWSRF" means the Water Pollution Control Revolving Loan Fund created by the Act.

(i) "Community" means the county or township that most accurately represents the customer base and/or residents served by the overseeing loan applicant as justified in writing by the applicant.

(j) "Corpus of the Fund" means the capital of the program, funds generated for the existence and sustenance of the program, a permanent fund kept for the basic expenditures for the administration and survival of the program:

1. Appropriations to the CWSRF from the Alabama Legislature; and,

2. Capitalization grants from the EPA, net of administrative reserves and any additional subsidy requirements.

(k) "Capitalized Interest" means unpaid interest accrued between the loan closure date and the construction completion date.

(1) "Department" means the Alabama Department of Environmental Management established by the Alabama Environmental Management Act, Code of Ala. 1975, §§ 22-22A-l to 22-22A-13.

(m) "Drinking Water State Revolving Fund" or "DWSRF" means the drinking water fund described in Chapter 335-11-2.

(n) "EPA" means the United States Environmental Protection Agency.

(o) "Fund" means the Clean Water State Revolving Fund.

(p) "Project" means as follows:

1. For funding as a result of Section 212 of the Act, devices and systems associated with wastewater, reclaimed water or stormwater management facilities; and,

2. For funding as a result of either Section 319 or 320 of the Act, devices and systems or implementation of best management practices associated with nonpoint source water pollution control.

3. For defined services for the construction of improvements as approved by the Department in the assistance agreement.

(q) "Project Priority List" means the integrated list of projects developed annually by the Department, which includes a priority ranking of applicants eligible for Clean Water State Revolving Fund assistance pursuant to 33 USC 1381 and 33 USC 1296, and a list of activities eligible for funding under 33 USC 1329 and 33 USC 1330.

(r) "Project Costs" means costs for construction, procurement of equipment and materials, contingency, demolition, legal and technical services, land acquisition, and capitalized interest.

(s) "Public Body" means any county, state agency, incorporated city or town, or their instrumentality created by or pursuant to state law and having jurisdiction over the disposal of sewage, industrial wastes, or other wastes. It includes also a combination of two or more of the foregoing having such jurisdiction.

(t) "Recipient" means any public body that has received a Fund assistance agreement pursuant to this chapter.

(u) "Safe Drinking Water Act" means the federal Safe Drinking Water Act, 33 USC 300 f-j.

(v) "State Match" means funds provided by the State as required by EPA to receive federal funding for the program.

(w) "Wastewater" means any liquid waste, sewage, septage, or any combination thereof, or other residue discharged or collected into a sewer system or present in stormwater runoff.

Ala. Admin. Code r. 335-11-1-.01

New Rule: Filed August 31, 2010; effective October 4, 2010.

Amended by Alabama Administrative Monthly Volume XXXVIII, Issue No. 05, February 28, 2020, eff. 4/13/2020.

Authors: Aubrey H. White III, Brian Espy, James Dailey

Statutory Authority:Code of Ala. 1975, §§ 22-34-1, 22-34-2, 22-34-3.