Or. Admin. Code § 123-049-0010

Current through Register Vol. 63, No. 12, December 1, 2024

Section 123-049-0010 - Definitions

For the purposes of these rules additional definitions may be found in Procedural Rules, OAR 123-001. As used in this division of administrative rules, unless the context clearly indicates otherwise:

(1) "Act" means the Safe Drinking Water Act at 42 U.S.C. 300f et seq., including amendments of 1996 (Public Law 104-182), and any subsequent amendments

(2) "Applicant" means a community or nonprofit non-community water system that is applying for a loan from the Fund.

(3) "Authority" means the Infrastructure Finance Authority within the Oregon Business Development Department.

(4) "Community water system" means a public water system, other than one owned by an agency of the federal government, that:

(a) Has 15 or more service connections used by year-round residents; or

(b) Regularly serves 25 or more year-round residents.

(5) "Contract" means a legally binding agreement between the department and recipient that sets out the terms and conditions for award of project funds.

(6) "Fund" means the Safe Drinking Water Revolving Loan Fund and the Drinking Water Protection Fund, which are the financing programs managed by the Authority under this division of administrative rules to pay for infrastructure improvements to eligible public water systems, and which includes moneys originating directly from federal capitalization grants (apart from set-asides), this state's match of such grants, program loan repayments, interest earnings and any additional funds provided by this state.

(7) "Intended Use Plan" the description of how the state intends to use moneys awarded and loaned from the fund to meet the objectives of the Act, as annually prepared by Oregon Health Authority pursuant to USEPA guidelines.

(8) "Nonprofit non-community water system" means a public water system that:

(a) Is not a community water system;

(b) Regularly serves at least 25 people, even if they are not year-around residents; and

(c) Is recognized under Oregon law as a nonprofit corporation.

(9) "Project" means facility design construction activities or related/preceding tasks identified in the contract and loan agreement for which the recipient may expend, obligate or commit funds to address a drinking water problem or a documented health hazard.

(10) "Project priority list" means the comprehensive priority list of potential, eligible activities, as developed under the Intended Use Plan in response to letters of interest from community and nonprofit non-community water systems.

(11) A "public water system" means a system or infrastructure for the provision to the public of water for human consumption through pipe or other constructed conveyances, regardless of ownership, including but not limited to facilities for source of supply, filtration, treatment, storage, transmission or metering of that water.

(12) "Recipient" means a community or nonprofit non-community water system that has been awarded financing from the fund for a project.

(13) "USEPA" means the Environmental Protection Agency of the United States federal government.

Or. Admin. Code § 123-049-0010

EDD 6-1999, f. & cert. ef. 8-26-99; EDD 8-2004, f. & cert. ef. 2-3-04; EDD 28-2008, f. 8-28-08, cert. ef. 9-1-08; EDD 7-2009, f. 8-31-09 cert. ef. 9-1-09; OBDD 4-2010, f. 1-29-10, cert. ef. 2-1-10; OBDD 8-2023, amend filed 06/05/2023, effective 6/5/2023

Publications: Publications referenced are available from the agency.

Statutory/Other Authority: ORS 285A.075 & 285A.213(4)

Statutes/Other Implemented: ORS 285A.213