Section 376-595-C - Application for Assistance1.Preplanning and Preapplication(a) Preplanning. Potential applicants should confer with the staff of the Department and the Bank as early in its planning process as practical. The Department will provide information, advice, instruction, and guidance on the scope of work and level of effort needed to define eligible Projects in order to ensure that the applicant expeditiously complies with all state and federal requirements.(b) Preapplication Meeting. An Eligible Applicant seeking Financial Assistance should make an appointment for a meeting with the staff of the Department and the Bank. At a minimum, the preapplication meeting should be attended by a member of the governing body of the municipality and the applicant's engineer and fiscal representative. If possible the applicant should bring information documenting the existence of, or a proposal for, a dedicated source of revenue for repaying the loan and of the establishment or proposed establishment of a system of user fees. The primary purpose of the meeting is to acquaint the applicant with program requirements and to assist the applicant in preparing an application. Also, a preliminary evaluation of whether the Project will qualify for funding will in most cases be made at this meeting.2.Required General Information .An Eligible Applicant shall file an application with the Bank. The information listed below is required for each application. (a) Eligible Applicant. Name and address of the Eligible Applicant.(b) Authorized Representative. Name and addresses of the Authorized Representative for the Eligible Applicant.(c) Principal Officers. Name and address of the principal officers, including the managing official of the Eligible Applicant.(d) Project Engineer. Name and address of the Project Engineer, if applicable.(e) Legal counsel. Names and addresses of legal counsel for the Eligible Applicant. If an application for Financial Assistance envisions a contractual loan agreement or the purchase of the applicant's bonds by the Bank, the name and address of bond counsel (from the Bank's approved bond counsel list) is also required (if other than legal counsel) and the name and address of any financial advisor or consultant.(f) Authority. The authority of law under which the Eligible Applicant was created, if applicable.(g) Project Description. A brief description of the Project including, but not limited to, the following:(ii) A comprehensive statement detailing the Project and the timing of the Project; and(iii) The total estimated cost and construction schedule of the Project prepared by the engineer.(h) Source of Funds. The Eligible Applicant shall submit the amount and source of any funds to be expended on the Project.(i) Use of Funds. The applicant shall submit the most current estimate of Project cost itemized as to major facilities or items including land, fees of engineers, legal fees, fees of financial advisors and/or consultants, contingencies, and interest during construction.(j) Permits. Status of any proceedings to obtain a permit or other authorization from the Department or any other state or federal agency.(k) Supplemental Information. The Department and the Bank reserve the right to request any supplemental information as necessary.3.Required Fiscal Data. The Bank has ultimate responsibility to determine financial feasibility and reserves the right to reject any potential recipient on the basis of the lack of financial feasibility. The Eligible Applicant shall submit the following required fiscal data and any additional information required by the bank: (a) Debt. The following information is to be furnished when the applicant proposes to issue debt to finance the Project:(i) Citation of statutory authority for issuance;(ii) Type of debt (i.e., general obligation, revenue, or combination). If revenues are to be pledged, state the source of such revenue;(iii) Amount of the issue;(iv) Name of Lender(s) and/or full name of issue(s);(v) Approximate date of issue(s);(vi) Proposed maturities; and(vii) Refinancing plans (i.e. bond anticipation notes to be paid off with long term debt).(b) Payable by Taxes. If the Eligible Applicant is authorized by law to levy and collect ad valorem taxes and the loan or bond financing the Project will be payable, wholly or in part from ad valorem taxes, the applicant shall give the following information: (i) If the Eligible Applicant has previously exercised such right and power, the applicant must give the following information:(AA) Most recent assessed valuation of taxable property;(BB) Current composition of tax base;(CC) Date of last re-valuation performed;(DD) Tax rate per $1000 of assessed valuation for each of the preceding 6 years; and(EE) Aggregate of taxes levied and aggregate amount in dollars of taxes collected for each of the preceding 6 years.(ii) If the Eligible Applicant is newly created, or if it has never exercised its taxing power, the applicant must give the following information: (AA) Assessed valuation of taxable property if valuations have been established, and if not, the estimated total amount of the assessed valuation of taxable property. Indicate whether the figure represents actual valuation or an estimate; and(BB) Tax rate per $1000 of assessed valuation being considered.(c) Payable by User Charges. If the financing of the Project will involve entering into a contractual loan agreement or sale of bonds or other securities payable wholly or in part from user charges, the applicant shall provide the following information: (i) Schedule of water and sewer rates or service charges for the last 6 years;(ii) Number of customers and employees of the system for the last 6 years; (iii) List of any significant users who contribute more than 5% of the waste water to the system with approximate percentage of capacity attributed to these users; and (iv) If a rate increase is required for financing the Project under consideration, the Eligible Applicant shall provide a schedule of proposed rates and a schedule for adopting those rates, if they are not then in place.(d) Debt Limitations. The Eligible Applicant shall give details of any limitation governing the amount of debt which Eligible Applicant may incur.(e) Outstanding Bonds. If the Eligible Applicant has bonds outstanding, the applicant must provide the following information: (i) A complete description of each such issue of bonds, including name of issue, date of issue, interest rates, maturity dates, amounts outstanding, and the amortization schedules;(ii) For all issues of bonds, a consolidated schedule of future requirements of annual principal and interest payment requirements; and(iii) Any overlapping debt associated with the applicant.(f) Statement on Default. The Eligible Applicant shall provide a statement as to whether or not there has been a default in the payment of items of matured principal or interest and if so, give details.(g) Annual Audit. The Eligible Applicant must provide an annual audit to the Bank, prepared in accordance with generally accepted accounting principles by an independent auditor, of the applicant's financial reports as of the close of the most recent fiscal year and for the preceding two years. However, no audit is required if the Eligible Applicant has no operational history. Where there is no audit, the Bank may require that the Eligible Applicant provide a third party feasibility analysis demonstrating the financial feasibility of the proposed system. Eligible Applicants may need to comply with the federal "Single Audit Act" when receiving assistance from the SRF.(h) Other Information. The Eligible Applicant must submit other fiscal data requested by the Department or Bank that is reasonably necessary for an adequate understanding of the Eligible Appliacant's financial feasibility and capability.4.Required Legal Data. The Eligible Applicant shall submit the following required legal data and any additional information required by the bank: (a) Loan Authorization. The Eligible Applicant must provide the Bank with the form of authorization to borrow, the date of the authorization to borrow, and the amount of the loan authorization. (b) Resolution. The Eligible Applicant must submit a certified copy of a resolution of its governing body requesting Financial Assistance from the Bank authorizing the submission of the application and designating the Authorized Representative.(c) Interlocal Contracts. The Eligible Applicant must submit a copy of any actual or proposed Interlocal Contract under which any portion of the Eligible Applicant's sewerage capacity is utilized by another municipal entity. Before a loan is closed, a certified copy of such contract must be submitted to the Bank.(d) Other Contracts. If financing of the Project will require a contractual loan agreement or the sale of bonds to the Bank payable either wholly or in part from revenues of contracts with others, the Eligible Applicant must submit to the Bank a copy of any actual or proposed contracts from which applicant will receive gross income.(e) Draft Ordinance. If applicable, the Eligible Applicant must submit a certified copy of an ordinance, resolution, vote or similar instrument adopted by the governing body authorizing the execution of a contractual loan agreement and the issuance of each of the bond issues described in subsection C(3)(a)(i) of this Rule (relating to Required Fiscal data). Such ordinance, resolution, or similar instrument must contain sections providing:(i) That a Project Account must be designated by the Eligible Applicant;(ii) That a Project Account must be maintained in accordance with standards set forth by the Bank and in accordance with generally accepted government accounting standards;(iii) That a final accounting must be made to the Bank of the total cost of the Project upon completion. The Bank reserves the right at its sole discretion to be provided with a cost certification of the Project as built;(iv) That an annual audit of the Eligible Applicant, and single audit, if applicable, prepared by a certified public accountant or licensed public accountant in accordance with generally accepted accounting principles be provided to the Bank for the term of the loan;(v) That the Eligible Applicant shall maintain insurance coverage on the Project in an amount adequate to protect the Bank's interest for the term of the loan. The Bank must be named as "Loss Payee";(vi) That the Eligible Applicant shall comply with any special conditions specified by the Department's environmental determination until all financial obligations to the state have been discharged;(vii) That the Eligible Applicant shall certify to the Bank that it has secured all permits, licenses and approvals necessary and that it has a dedicated source of revenue for repayment;(viii) That the Eligible Applicant shall establish a rate, charge or assessment schedule in order to pay principal and interest. Such rate, charge or assessment must provide total operations and debt service coverage at a level at which the coverage for the Bank is sufficient;(ix) That the Eligible Applicant shall demonstrate the ability to pay reasonably anticipated costs of operating and maintaining the financed Project; and(x) That the Eligible Applicant agrees to abide by the rules of the Department, the Bank and relevant statutes of the State of Maine.(f) Affidavit. The Eligible Applicant must submit an affidavit executed by the Authorized Representative stating that the facts contained in the application are true and correct to his or her best knowledge and belief.(g) Land interest. The Eligible Applicant must submit a copy of any proposed or existing lease or other agreement transferring interests in any land acquired, or to be acquired, with assistance from the SRF. Regardless of the source of funds in the acquisition, the Eligible Applicant must:(i) Describe what real property interests and acquisitions are necessary for the construction of the Project;(ii) Explain the status of and steps to be taken to purchase the property interests;(iii) Provide a certification that it has the necessary legal powers and authority to obtain the property interests; and(iv) Provide assurances to the Department that land acquired will be used for its initial intended purpose for the useful life of the Project.(h) Other Information. The Eligible Applicant must submit other information, plans, and specifications requested by the Department or the Bank that are reasonably necessary for an adequate understanding of the Project.5.Required Environmental Review and Determinations(a) General. The Department will conduct an interdisciplinary environmental review of the Project proposed for funding through the SRF. This review will insure that the Project will comply with the applicable local, state and federal laws and Department rules relating to the protection and enhancement of the environment. Based upon the staff review, the Department will make formal determinations regarding the potential social and environmental impacts of the proposed Project. If necessary, the determinations of the Department will include mitigation provisions as a condition of the provision of Financial Assistance for construction. No Financial Assistance for construction will be provided until a final environmental determination has been made by the Department, or until the Department has accepted a previous determination made by EPA, US Housing and Urban Development, USDA Rural Development, or other funding agency using a NEPA-like environmental review process. Nothing in these rules prohibits any public, private or governmental party from seeking administrative or legal relief from the determinations of the Department. Potential applicants to the fund should obtain guidance from the staff regarding the scope of the environmental review to be conducted by the Department and the environmental information that the applicant will be required to submit in support of the proposed Project.(b) Environmental Reviews Required. Environmental Reviews are required for all new construction loans for Treatment Works Projects. Environmental Reviews are not required for non-treatment works Projects for Non-Point Source Projects. For Projects under the jurisdiction of another agency, such as Non-Point Source agricultural Projects, the agency with jurisdiction must provide evidence to the Department that the Projects meet all applicable environmental standards.(c) Basic Environmental Determinations. There are three basic environmental determinations that apply to Projects proposed to be implemented with assistance from the fund that require an environmental review. These are:(1) a determination to categorically exclude a Project from a formal environmental review,(2) a finding of no significant impact (FNSI) based upon a formal environmental review supported by an environmental information document (EID) and, (3) a determination to provide or not to provide Financial Assistance based upon a record of decision (ROD) following the preparation of an environmental impact statement (EIS). The appropriate determination will be based on the following criteria.(i) The categorical exclusion (CE) determination applies to categories of Projects that have been shown over time not to entail significant impacts on the quality of the environment. (AA) Projects which meet the following criteria may be categorically excluded from formal environmental review requirements. (I) The Project is directed solely toward the rehabilitation, minor upgrading and minor expansion of existing facilities, toward the functional replacement of equipment, or toward the construction of related facilities adjoining the existing facilities; or(II) The Project is an unsewered area of less than 1,000 persons where on-site technologies are proposed.(BB) CEs will not be granted for Projects that entail: (I) The construction of new collection lines;(II) A new discharge or relocation of an existing discharge;(III) A substantial increase in the volume or loading of pollutants which measurably degrade receiving waters;(IV) The provision of capacity for a population 30 percent or greater than the existing population within a 10 year period;(V) Known or expected impacts to cultural resources, to threatened or endangered species, or to other environmentally sensitive areas; or(VI) The construction of facilities that are known or expected to be not cost-effective or are likely to cause significant public controversy.(CC) The Department may exclude other categories of Projects for which there is sufficient documentation demonstrating that the Projects are not likely to have significant effects on the quality of the environment.(ii) All Eligible Applicants whose Projects do not meet the criteria for a CE will be required to prepare an EID. The Department staff will review the EID and prepare an environmental assessment (EA) resulting in the issuance of either a FNSI or a public notice that the preparation of an EIS will be required by the applicant. The Department's issuance of a FNSI will be based upon the EA that document that the potential environmental impacts will not be significant or that they may be mitigated without extraordinary measures.(iii) The ROD may only be based upon an EIS in conformance with the format and guidelines described in subsections C(5)(f)(iii) and C(5)(g) of this rule. An EIS will be required when the Department determines any of the following: (AA) The Project will significantly affect the pattern and type of land use or growth and distribution of the population;(BB) The effects of the construction or operation of the Project will conflict with local or state law or policies;(CC) The Project may have significant adverse impacts upon: (III) Threatened or endangered species or their habitats,(IV) Cultural resources including parklands, preserves, and other public land or areas of recognized scenic, recreational, agricultural, archeological or historic value;(DD) The Project will displace population or significantly alter the characteristics of existing residential areas;(EE) The Project may directly or indirectly (e.g., through induced development) have significant adverse effect upon local ambient air quality, local noise levels, surface and ground water quantity or quality, fish, shellfish, wildlife or their natural habitats;(FF) The Project may generate significant public controversy; or(GG) The treated effluent will be discharged into a body of water, the classification of which is too lenient or is being challenged as too low to protect present uses, and the effluent will not be of sufficient quality to meet the requirements of those uses.(d) Other Required Determinations. (i) When five or more years have elapsed before the beginning of construction of a Project, or five or more years have elapsed between phases of the same Project, or a Project has been altered after an environmental determination was issued, the Department will examine the Plans and Specifications, loan application, and related documents for consistency with the environmental determination. If changes are found, the Department may revoke a CE and require the preparation of an EID and, if appropriate, an EIS, consistent with the criteria of subsection C(5)(f)(iii) of this section, or require the preparation of amendments to an EID or if appropriate supplements to an EIS. Based upon staff review of the amended Project and EID, the Department will: (AA) Reaffirm the original environmental determination through the issuance of a public notice or statement of finding;(BB) Issue a FNSI for a Project for which a CE has been revoked, or issue a public notice that the preparation of an EIS will be required;(CC) Issue an amendment to a FNSI, or revoke a FNSI and issue a public notice that the preparation of an EIS will be required; or(DD) Issue a supplement to a ROD, or revoke a ROD that included funding and issue a public notice that Financial Assistance will not be provided.(e) Other determinations that the Department may make.(i) An Eligible Applicant may request advance authority to construct part of the proposed Project prior to completion of the necessary environmental review when the part of the Project to be constructed will:(AA) Immediately remedy a safety emergency or a severe public health, water quality or environmental problem;(BB) Not preclude any reasonable alternatives identified for the complete system;(CC) Not cause significant direct or indirect environmental impacts including those which cannot be acceptably mitigated without completing the entire Project; and(DD) Not be highly controversial.(ii) Based upon the review of the information required by subsection C(5)(f) of this rule, if the Department finds that the part to be constructed meets the requirements of subsection C(5)(c) above, the Department will issue an environmental determination so conditioned as to prohibit construction of the remainder of the Project until a complete environmental review of the entire Project has been performed and an environmental determination has been issued.(f) Required Environmental Information. A minimum of one paper copy and one electronic copy (if available) of all information required in this subsection must be submitted to the Department. (i) Eligible Applicants seeking a CE will provide the Department with sufficient documentation to demonstrate compliance with the criteria of subsection C(5)(c)(i) of this rule. At a minimum, this documentation will consist of:(AA) A brief, complete description of the proposed Project, its costs and a construction schedule;(BB) A statement indicating that the Project is cost-effective, that the Eligible Applicant is financially capable of constructing, operating and maintaining the facilities, and that none of the issues listed in subsection C(5)(c)(iii) apply to the Project;(CC) A plan map or maps of the proposed Project showing:(I) The location of all construction areas,(II) The facilities planning area boundaries,(III) Any known environmentally sensitive areas, and(DD) Results of any preliminary discussions with relevant review agencies for the proposed Project.(ii) An EID must be submitted by those applicants whose proposed Projects do not meet the criteria for a CE. (AA) In addition to such other information as the Department may require, the contents of an EID will include:(I) A description of the Project including population to be served, if appropriate. Population projections will be consistent with State Implementation Plans developed under the Clean Air Act;(II) The environmental setting of the Project and the future of the environment without the Project;(III) The alternatives to the Project including an evaluation of direct and indirect impacts, cost effective analysis and socioeconomic effect of each, including the no action alternative;(IV) The potential environmental impacts of the Project, including those which cannot be avoided;(V) The relationship between the short term uses of the environment and the maintenance and enhancement of its long term productivity;(VI) A description of public participation activities conducted, issues raised, and changes to the Project that have been or may be made as a result of the public participation process; and(VII) Documentation of coordination with appropriate governmental agencies.(BB) The Eligible Applicant will hold a public meeting on the proposed Project and on the EID, and provide the Department with a summary of the meeting, a list of people in attendance, copies of written testimony and the applicant's responses to the issues raised. The Department will provide guidance to the Eligible Applicant regarding the contents of the meeting notice and of themeeting. The meeting will be advertised no less than 14 days nor more than 30 days prior to the meeting in a local newspaper of general circulation in the municipality. Concurrent with the advertisement, a notice of the public meeting and availability of the EID will be sent to all relevant local, state, and federal agencies and to interested public and private parties.(iii) The format of an EIS will encourage sound analysis and clear presentation of alternatives, including the no action alternative and the selected alternative, and their environmental, economic and social impacts. The following format must be followed by the Eligible Applicant unless the Department determines there are compelling reasons to do otherwise. (AA) A cover sheet identifying the Eligible Applicant, the Project(s), the program through which Financial Assistance is requested, and the date of publication.(BB) Summary of the critical issues of the EIS in sufficient detail to enable the reader to become familiar with the proposed Project and its cumulative effects on the environment. The summary will include: (I) A description of the existing problem;(II) A description of each alternative and its environmental impacts;(III) A listing of mitigation measures and any areas of controversy; and(CC) The body of the EIS, which will contain the following information: (I) A complete and clear description of the purpose and need for the proposed Project that clearly identifies its goals and objectives.(II) A description of each alternative considered by the Eligible Applicant. The descriptions will include the size and location of facilities and pipelines, land requirements, operation and maintenance requirements, and construction schedules. The alternative of no action will be discussed. Alternatives that were rejected will be presented and the reasons for the applicant's rejection must be given.(III) A description of the alternatives available to the Department including: (aa) Providing Financial Assistance to the proposed Project;(bb) Requiring that the proposed Project be modified prior to providing Financial Assistance to reduce adverse environmental impacts, or providing assistance with conditions requiring the implementation of mitigation measures; and(cc) Not providing Financial Assistance.(IV) A description of the alternatives available to other local, state, and federal agencies that may have the ability to issue or deny a permit, provide Financial Assistance or otherwise effect or have an interest in any of the alternatives.(g) Procedures for Developing the EIS (i) Upon making the determination that an EIS will be required of a proposed Project, the Department will publish and distribute a notice of intent to prepare an EIS.(ii) As soon as possible after the notice of intent has been issued, the Department will convene a meeting of the affected federal, state and local agencies, the Eligible Applicant, and other interested parties to determine the scope of the EIS. A notice of this scoping meeting may be incorporated into the Notice of Intent or prepared as in subsection C(5)(f)(ii)(BB) of this rule. As part of the scoping meeting the Department will, at a minimum: (AA) Determine the significance of issues and the scope of those issues to be analyzed in depth in the EIS;(BB) Identify the preliminary range of alternatives to be considered;(CC) Identify potential cooperating agencies and determine the information or analyses that may be needed from cooperating agencies or other parties;(DD) Discuss the method for EIS preparation and the public participation strategy;(EE) Determine the relationship between the preparation of the EIS and the completion of the Facilities Plan and any necessary arrangements for coordination of the preparation of both documents.(iii) Following the scoping process the Department will begin the identification and evaluation of all potentially viable alternatives to adequately address the range of issues developed in the scoping. A summary of this including a list of the significant issues identified will be provided to the Eligible Applicant and other interested parties. The EIS will be prepared by a consultant hired by the Eligible Applicant subject to approval by the Department. The consultant will be required to execute a disclosure statement prepared by the Department signifying they have no financial or other conflicting interest in the outcome of the Project.
(iv) The draft EIS will be provided to all local, state and federal agencies and public groups with an interest in the proposed Project and be made available to the public for review. The comment period will be no less than 30 days.(v) The final EIS will include all objections and comments made before and during the draft EIS review process. The final EIS must include a discussion of any such comments that have led to a change in either the Project or EIS. The Department will try to resolve any conflicts that may have arisen between permitting agencies prior to the issuance of a final EIS.(vi) Material incorporated into an EIS by reference will be organized to the extent possible into a "Supplemental Information Document" and be made available for public review upon request. No material may be incorporated by reference unless it is reasonably available for inspection by interested persons within the comment periods specified in subsection C(5)(g)(iv) of this rule. The final EIS will be distributed and made available for public review in a fashion consistent with the requirements of subsection C(5)(f)(ii)(BB) of this rule prior to the Department making any environmental determination.6.Facilities Plan(a) Pre-Planning Consultation. As early as practical, pursuant to subsection C(l) of this rule (relating to Pre-Planning and Pre-Application), if the proposed Project requires a Facilities Plan as determined by the Department, the Eligible Applicant's engineers and appropriate staff shall consult with Department staff to obtain current planning information, to obtain guidance on the scope of the Facilities Plan, and, if appropriate, to get an early determination under subsection C(5) of this rule (relating to Required Environmental Review and Determinations). The Eligible Applicant shall utilize the guidance provided by the Department staff to the maximum extent feasible. The Eligible Applicant shall submit two copies of its Facilities Plan.(b) Contents of Facilities Plan. The Facilities Plan must contain the following information: (i) Identification of the Facilities Planning area boundaries and characteristics, the existing problems and needs related to wastewater management, and the projected needs and problems for the next 20 or more years;(ii) Demonstration that each sewer collection system feeding into the facility is not or will not be subject to excessive infiltration;(iii) Systematic identification screening, study, evaluation, and Cost-effectiveness Analysis of (BPWTT). Technology options are to address, as appropriate, the ultimate disposal of residues and sludge, the ability of the facility to produce revenue, and, to the extent practicable, the more efficient use of energy and resources;(iv) Adequate evaluation of the environmental impacts of alternatives in accordance with subsection C(5) of this rule (relating to environmental review and determination) to support the Cost-effectiveness Analysis;(v) Description of the proposed Project in terms of unit quantities in each category of work, capital costs, and operation and maintenance costs;(vi) If collection lines are included, determination of whether they are for replacement or major rehabilitation necessary to the total integrity and performance of the Treatment Works servicing the community, or whether they are for a new collection system in an existing community with sufficient existing or planned wastewater treatment capacity;(vii) Documentation of the consistency of the Project with the approved elements of any applicable water quality management plan approved under § 208 ( 33 U.S.C.§ 1288 ) or § 303(e) ( 33 U.S.C.§ 1313(e) ) of the Act, if applicable.(viii) Complete analysis and description of the proposed or existing user charge system that will proportionately distribute operation, maintenance and replacement costs to each user or user class (system may allow subsidizing of low-income residential user);(ix) A capital financing plan including a projection of future needs (through 10 or more years) for construction and reconstruction and an explanation of how and when the financing will be obtained;(x) The date on which the preliminary engineering design will be available;(xi) A valid schedule for implementation of the Project, covering design through construction including the date by which an application can be submitted to the Department and a payment schedule; and(xii) Other information deemed necessary, by the Department.(c) Approval of Facilities Plan. The Department will approve the Facilities Plan after the requirements of subsection C(6)(b) have been met.7.Review of Eligibility(a) Review Criteria for Eligibility. The Department shall review the eligibility of the Eligible Applicant and of the Project for funds and certify to the Bank that: (i) The Project is on the Project Priority List;(ii) The Eligible Applicant has satisfactorily completed a Facilities Plan, if applicable, in accordance with subsection C(6) of this rule (relating to Facilities Plan) or other appropriate report, as determined by the Department;(iii) The Department has performed an environmental review and determination, if applicable, according to subsection C(5);(iv) The categories of proposed work are eligible for SRF financing and are in accordance with State law regarding designated growth areas;(v) The Eligible Applicant has adopted or has agreed to adopt a user charge system and sewer use ordinance acceptable to the Department;(vi) The Eligible Applicant has the necessary legal, financial and managerial capability to complete, operate and maintain the Project;(vii) The Eligible Applicant has agreed to submit a schedule acceptable to the Department for the initiation and completion of the Project; and(viii) Any management program to be financed complies with all applicable state and federal laws and all rules and regulations adopted under those laws.(b) Review criteria for refinancing. The Department shall review the eligibility for refinancing of construction costs and present it to the Bank only after confirming the following: (i) All of the items in subsection C(7)(a)(i) and (iv) of this Chapter have been confirmed; and(ii) Any other information requested by the Bank or Department as necessary to a review of the application has been provided.(c) Return of incomplete information. The Department shall return any request not in substantial compliance with this Chapter with notations indicating deficiencies.94- 376 C.M.R. ch. 595, § C