Section 376-595-A - Introduction Provisions1.Definitions. The following words and terms used in this Chapter have the following meanings: (a)Act. "Act" means the Federal Water Pollution Control Act (FWPCA), as amended, found at 33 U.S.C.§§ 1251et seq.(b)Applicable Interest Rate. "Applicable Interest Rate" means that rate of interest which in the judgment of the Bank reflects the rate it could obtain on a bond sale of equivalent credit rating and term in their current market conditions. The bank shall take the Applicable Interest Rate into consideration when setting the interest rate on individual SRF loans.(c)Authorized Representative. The "Authorized Representative" means the signatory agent of the Eligible Applicant authorized and directed by the applicant's governing body to make application for assistance and to sign documents required to undertake and complete the Project on behalf of the applicant.(d)Bank. "Bank" means the Maine Municipal Bond Bank.(e) Best Practicable Waste Treatment Technologies (BPWTT). The "BPWTT" means the cost-effective technology that can treat wastewater, combined sewer overflows and non-excessive Infiltration and Inflow in wastewater treatment works to meet the applicable provisions of federal and state effluent limitations, groundwater protection, or other applicable standards.(f)Binding Commitment. A "Binding Commitment" means a legal obligation of the Bank to an Eligible Applicant that, subject to the availability of funds in the SRF, defines the terms and timing for provisions of assistance from the SRF, predicated on the recipient meeting the normal terms of obtaining a loan.(g)Building. "Building" means the erection, acquisition, alteration, remodeling, improvement or extension of treatment works or other water quality improvement or protection Projects.(h)Capitalization Grant. "Capitalization Grant" means the Federal grant assistance awarded to the State of Maine for deposit in the State Revolving Fund.(i)Change Order. "Change Order" means documents issued by the loan recipient, upon recommendation of the Project Engineer and, with the approval of the Department, authorizing a change, alteration, or variance in previously approved engineering plans and specifications, including, but not limited to, additions or deletions of work to be performed pursuant to the contract and/or a change in costs for work performed pursuant to the contract.(j)Closing. "Closing" means the date on which an Eligible Applicant borrows funds or otherwise is granted Financial Assistance from the SRF.(k)Collector Sewer. "Collector Sewer" means the common sewers within a publicly owned treatment system that are primarily installed to receive wastewater directly from individual systems or from private property.(l)Competitive Bidding. "Competitive Bidding" means a procurement method where bids from competing contractors, suppliers, or vendors are invited by openly advertising the scope, specifications, and terms and conditions of the proposed contract as well as the criteria by which the bids will be evaluated, and the contract is then awarded to the lowest cost bid from a responsive and responsible bidder.(m)Construction Fund. "Construction Fund" means an account established by the Bank within the SRF into which is deposited the portion of loan proceeds available to an Eligible Applicant for eligible costs of construction of a Project.(n)Construction Management At-Risk (CMAR). "Construction Management At-Risk" or "CMAR" mean a construction delivery method where the Eligible Applicant or their advisor, prepares a scope of work which may contain preliminary design documents, then solicits a Construction Management firm, through a Qualifications Based Selection process, to provide construction related design input to the design engineer and manage the construction activity and subcontracts. Prior to final design, the construction management firm and the Eligible Applicant negotiate a guaranteed maximum price(s)or firm fixed price for the work.(o)Cost-effectiveness Analysis. "Cost-effectiveness Analysis" means an analysis performed to determine which waste treatment management system or component part necessary to meet federal, state, and local requirements will result in the minimum total costs over time.(p)Department. "Department" means the Department of Environmental Protection.(q)Design Bid-Build (DBB). "Design-Bid-Build" or "DBB" means a construction delivery method where the Eligible Applicant contracts with a design engineer to prepare 100% design documents for Competitive Bidding and contracts with a construction contractor to construct the Project.(r)Effluent Limitation. "Effluent Limitation" means any restriction established by the state or the EPA administrator on quantities, rates, and concentrations of chemical, physical, biological, and other constituents which are discharged from a Point Source into waters of the state.(s)Eligible Applicant. "Eligible Applicant'' means any interstate agency, city, town, county, district, plantation, village corporation, or other public body created by or pursuant to state law which has authority to dispose of sewage, industrial wastes, or other waste, or is involved in water quality improvement or protection, or an authorized Indian tribal organization. "Eligible Applicant" includes a privately-owned water quality improvement or protection Project that is eligible under Title VI of the Act.(t)EPA. "EPA" means the U. S. Environmental Protection Agency.(u)Facilities Plan. "Facilities Plan" means plans and studies that directly relate to the treatment works needed to comply with all applicable state and federal permits, statutes and rules. It consists of a systematic evaluation of alternatives that are feasible in light of the unique demographic, topographic, hydrologic and institutional characteristics of the area and will demonstrate that the selected alternative is cost-effective.(v) Financial Assistance. "Financial Assistance" includes but is not limited to, loans by the Bank from the SRF, loans made by the Bank from revenue bond proceeds or any other purpose authorized pursuant to 30-A M.R.S. §6006-A in association with a Project.(w)Fixed-Price Design-Build (FPDB) . "Fixed-Price Design-Build" or "FPDB" means a construction delivery method where the Eligible Applicant or their advisor, prepares a scope of work which may contain preliminary design documents, then solicits proposals from a Design-Builder or a Design-Build team to complete the design and construct the Project. The Design-Builder(s) is selected based on qualifications and cost to produce the most value for the Eligible Applicant. The design and construction cost is set at the time of contract award.(x)Force Account. "Force Account" means the use of a municipality's own work force to design, build or inspect portions of a Project.(y)Infiltration. "Infiltration" means water other than wastewater that enters a sewerage system (including sewer service connections) from the ground through such means as defective pipe, pipe joints, connections, or manholes.(z)Inflow. "Inflow" means water other than wastewater that enters a sewerage 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.(aa)Initiation of Operation. "Initiation of Operation" means the date the treatment works or other eligible Project is fully operational or capable of being operated as determined by the Department. "Initiation of Operation" may also be referred to as "Substantial Completion".(bb)Intended Use Plan. "Intended Use Plan" means a plan identifying the intended uses of the amount of funds available for loans in the SRF for each federal fiscal year as described in 40 CFR § 3150. The Project Priority List is part of the Intended Use Plan.(cc)Interceptor Sewer. An "Interceptor Sewer" means a sewer that is designed for one or more of the following purposes: (1) to intercept wastewater from a final point in a Collector Sewer and convey such wastes directly to a treatment facility or another interceptor;(2) 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;(3) to transport wastewater from one or more municipal Collector Sewers to another municipality or to a Regional Facility for treatment; and(4) to intercept an existing major discharge of raw or inadequately treated wastewater for transport directly to another interceptor or to a treatment facility.(dd)MBE/WBE Requirements. "MBE/WBE Requirements" means federal requirements for the participation of minority and women owned business enterprises (MBE/WBE). "MBE/WBE" may also be referred to as "DBE" or Disadvantaged Business Enterprise.(ee)Non-Point Source. "Non-Point Source" means any diffuse, nonconfined source of pollution other than Point Source (see definition below).(ff)Plans and Specifications (Contract Documents). "Plans and Specifications" or "Contract Documents" means the engineering description of the Project including engineering drawings, maps, technical specifications, design reports and construction contract documents in sufficient detail to allow contractors to bid on the work. "Plans and Specifications" may also be referred to as "Contract Documents".(gg)Point Source. A "Point Source" means any discernible, confined and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged. This term does not include agricultural stormwater discharges and return flows from irrigated agriculture.(hh)Progressive Design-Build (PDB). "Progressive Design-Build" or "PDB" means a construction delivery method where the Eligible Applicant or their advisor, prepares a scope of work which may contain preliminary design documents, then uses a Qualifications Based Selection process to select a design-builder or design-build team to complete the design and possibly the construction. Before final design, the design-builder or design-build team and the Eligible Applicant negotiate a guaranteed maximum price or firm fixed price for the work. If negotiations are successful, the design-builder or team completes the design and constructs the Project; if not, the Eligible Applicant retains the completed design work and has the option to continue negotiations with another design-builder or take the partially completed design and proceed with a Design-Bid-Build procurement.(ii)Project. The "Project" means the scope of work for which a loan or other Financial Assistance is sought by an Eligible Applicant from the SRF.(jj)Project Account. A "Project Account" means an account designated by an Eligible Applicant for the disbursement of the portion of loan proceeds available for eligible costs of construction of a Project from the Construction Fund within the SRF.(kk)Project Engineer. The "Project Engineer" means the licensed engineer or engineering firm retained by the Eligible Applicant to provide professional engineering services during the planning, design, and construction of a Project.(ll)Project Priority List. A "Project Priority List" means a list of Projects established by the Department pursuant to 30-A M.R.S. §6006-A(3) for which SRF assistance may be requested. The Project Priority List is part of the Intended Use Plan.(mm)Qualifications Based Selection (QBS). "Qualifications Based Selection" or "QBS" is a public procurement process where an Eligible Applicant uses the Request for Qualifications (RFQ) process to pre-qualify firms for further discussions (which should absence of extenuating circumstances include a minimum of three firms), then negotiates the cost for services with the most highly qualified firm, and if those negotiations are unsuccessful, the Eligible Applicant goes to the next highest qualified firm and negotiates the cost for services with that next firm, and so on.(nn)Regional Facility. A "Regional Facility" means a wastewater collection and treatment facility, which incorporates multiple service areas into an area wide service facility, thereby reducing the number of required facilities, or any system which serves an area that is other than a single county, city, special district, or other political subdivision of the state, the specified size of which is determined by any one or combination of population, number of governmental entities served, and service capacity. Regional wastewater treatment facilities may also include those identified in the approved state water quality management plan and the annual updates to that plan.(oo)Request for Proposal (RFP). "Request for Proposal" or "RFP" means a public procurement process evaluating both cost and non-cost criteria to rank responding firms with the intent of selecting the firm that will provide the most value to an Eligible Applicant's Project, and where the criteria are assessed a relative weight (percentage/points) and the firm with the most points is selected.(pp)Request for Qualifications (RFQ). "Request for Qualifications" or "RFQ" means a public solicitation process evaluating non-cost criteria to rank responding firms with the intent to pre-qualify firms for further consideration. Cost is not a criterion for evaluation in this process.(qq)State Allotment. The "State Allotment" means the sum allocated or re-allocated to the State of Maine for a federal fiscal year, from funds appropriated by Congress pursuant to the Act.(rr)SRF. The "SRF" means the Revolving loan fund in Title 30-A M.R.S. §6006-A.(ss)Substantial Completion. "Substantial Completion" means the time at which the construction work (or a specified part thereof) has progressed to the point where, in the opinion of the Project Engineer, the work is sufficiently complete, in accordance with the Contract Documents, so that the work can be utilized for the purposes for which it is intended. "Substantial Completion" may also be referred to as "Initiation of Operation".(tt)Treatment Works. "Treatment Works'' means any devices and systems that are used in the storage, treatment, recycling, and reclamation of municipal sewage or industrial wastes of a liquid nature to implement section 201 of the Act, 33. U.S.C. § 1281, or necessary to recycle or reuse water at the most economical cost over the estimated life of the works, including intercepting sewers, outfall sewers, sewage collection systems, pumping, power, and other equipment, and their appurtenances; extensions, improvements, remodeling, additions, and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and acquisition of the land that will be an integrated part of the treatment process (including land use for the storage of treated wastewater in land treatment systems prior to land application) or will be used for ultimate disposal of residues resulting from such treatment and acquisition of other land, and interests in land, that are necessary for construction.See33 U.S.C. § 1292(2-A) (eff. Oct. 1, 2014).(uu)Value Engineering. "Value Engineering" means a specialized cost control technique that uses a systematic and creative approach to identify and to focus on unnecessarily high costs in a Project to arrive at a cost saving without sacrificing the reliability or efficiency of the Project.(vv)Waste Discharge Permit. A "Waste Discharge Permit" means the permit granted by the Department that establishes the conditions or limits under which waste may be discharged into or adjacent to waters of the state.2.Declarations of Intent of SRF Regulations(a) General. The Department and the Bank shall comply with all applicable federal and state laws and all rules and regulations promulgated under those laws. The 1987 amendments to the Act created and provided federal funding for the SRF. The SRF is intended to be a perpetual fund available to provide Financial Assistance for the planning, design and construction of Treatment Works, Non-Point Source, and other eligible projects for assistance under the Act. The Department and Bank share equally in these policy objectives and will work to jointly administer the SRF program.(b) Management of Financial Resources. Financial Assistance to applicants will be structured so that the Bank will maximize financial resources available to the State, while providing Eligible Applicants with the most cost-effective capital financing possible within the limits of the fund. The Department and the Bank shall administer the fund so that it will continue to grow in value with the goal of it becoming self-sustaining.(c) Projects Expedited. Projects undertaken with the SRF will be expedited. This may include, but is not limited to, streamlining financial and technical procedures for compliance with applicable federal requirements and increasing amounts available in the SRF to provide Financial Assistance through the issuance of debt by the Bank. The Bank will strive to ensure that SRF funding is efficiently and appropriately applied so that it meets the intent of federal requirements while attending to the State goals for water quality management and the needs of the applicants the program is meant to serve.(d) Interest Rate on Loans and Principal Forgiveness. The Bank shall have the discretion, subject to federal and state law, to establish a minimum interest rate and set the interest rate on all loans made in a manner that furthers the goals and objectives of the SRF program. In establishing a minimum rate and setting the interest rates, the Bank shall consult with the Department and shall consider the Applicable Interest Rate, market conditions, affordability, and the goal of maintaining the fund in perpetuity. The Bank will regularly review market conditions so that it establishes and sets rates from time to time reflective of then current conditions. Loans may be made at interest rates that are at or below 0% and allow principal forgiveness where it is determined by the Bank, after consultation with the Department, to be necessary to meet program goals. If any fees are being charged for the operation of the program at the time the loan is made, any interest rate for the loan may be adjusted downward to accommodate the fees so there will be no increase in cost to the borrowers. If fees are being charged on loans made from funds in the SRF at interest rates that are at or below the current minimum interest rate, the requirement to further reduce the interest downward in an amount equal to the cost of the fee shall not apply, except to the extent that the sum of fees charged causes the cost of the loan to exceed market rates. The interest rate for loans funded with Bank funds held outside of the SRF may, at the discretion of the Bank, be adjusted downward to account for any fees charged. In all cases, any fees charged on a loan shall be limited to the maximum amounts allowable under Section B(3)(f) of this rule. The Bank, in consultation with the Department, will establish minimum interest rates and the interest rate and maturity schedule for each loan consistent with this rule. Terms and conditions for each loan shall be fixed for the life of the loan, unless the borrower and the Bank agree to any changes in the loan terms. A loan may have as a fixed term a provision that allows for the interest rate to vary from time to time based upon objective criteria or market conditions.
(e) Applicable Loan Term. Loans will have terms not to exceed the lesser of thirty (30) years, or the useful life (as determined by the Department) of the Project to be financed.94- 376 C.M.R. ch. 595, § A