W. Va. Code R. § 44-1-2

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 44-1-2 - Definitions

Except where the context indicates otherwise, the following terms as used in these rules shall have the meaning ascribed to them in W. Va. Code 22C-1.

2.1. General definitions.

2.1.1. "Applicant" shall mean either:

(1) Any municipal corporation, county or other public body or any combination thereof which is included in the appropriate West Virginia priority list, which is consistent with the State's Comprehensive Water Management Plan existing or in process by the Division of Environmental Protection and which is consistent with the water quality standards set by the State Environmental Quality Board; or

(2) the Authority when constructing such facilities to service such municipal corporations, counties or other public bodies.

2.1.2. "Eligible Project Costs" shall mean, as to projects funded pursuant to Title II of the Federal Water Pollution Control Act Amendments of 1972, the total eligible project costs as set forth in United States Environmental Protection Agency documents developed for projects which qualify for federal grants under Title II of Public Law 92-500.

2.1.3. "Contract Service Charge" shall mean the service charge related to the Water Development Authority loan made to the applicant and covered in the agreement between the applicant and the Authority.

2.1.4. "Contract Period" shall mean the period within which the applicant will provide payment of loan and service charge to the Authority as set forth in the agreement between the applicant and the Authority.

2.1.5. "Federal Water Pollution Control Act Amendments of 1972" shall mean Public Law 92-500, 92nd Congress, 1972.

2.2. Definitions relating to projects funded pursuant to Title II of the Federal Water Pollution Control Act Amendments of 1972.

2.2.1. "Title II Federal Participation Costs" shall mean, whether incurred before or after the date of the agreement between the Authority and the applicant which is referred to in Paragraph (c), Section 3.1.3 of these rules, such of the costs, or portions thereof, as are eligible for grant moneys from the United States of America on the date of such agreement under the provisions of Title II of the Federal Water Pollution Control Act Amendments of 1972 and the rules and regulations relating thereto.

2.2.2. "Title II Local Participation Costs" shall mean, whether incurred before or after the date of the agreement between the Authority and the applicant which is referred to in Paragraph (c), Section 3.1.3 of these rules, such of the following costs, or portions thereof, that must be provided to make up the remaining portion of the total eligible costs so that the total of the federal grant share and the local share equal one hundred percent (100%) of the total eligible costs.

2.2.3. "Title II Supplementary Grant" shall mean a grant from the United States of America or any department or agency thereof which by law can be made only as a supplement to other grants from the United States of America or any department or agency thereof and which is made to supplement a grant made by the United States of America or a department or agency thereof to a project pursuant to Title II of the Federal Water Pollution Control Act Amendments of 1972.

2.2.4. "Title II Supplementary Grant Percentage" shall mean the percentage equal to the percentage of the Title II federal participation costs paid from the Title II supplementary grants.

2.2.5. "Title II Federal Multiplier Percentage" shall mean the percentage equal to one hundred percent (100%) minus the percentage of the Title II federal participation costs paid from the grant made pursuant to Title II of the Federal Water Pollution Control Act Amendments of 1972 minus the Title II supplementary grant percentage, if any.

2.2.6. "Step I Project Requirements" shall mean:

(a) Federal:

Step I. Facilities plan and related elements required to apply for Step II grant assistance. An application for a grant for Step I shall include:

A plan of study presenting (i) the proposed planning area; (ii) an identification of the entity or entities that will be conducting the planning; (iii) the nature and scope of the proposed Step I project, including a schedule for the completion of specific tasks; and (iv) an itemized description of the estimated costs for the project;

Proposed subagreements, or an explanation of the intended method of awarding subagreements for performance of any substantial portion of the project work;

Required comments or approvals of relevant state, local and federal agencies (including clearinghouse requirements of Office of Management and Budget (OMB) Circular A-95, promulgated at 38 FR 32874 on November 28, 1973).

(b) Water Development Authority:

Shall include satisfaction of the federal requirements and the filing of the Step I application in a form set forth by the Authority and such agreements as may be included as a part of the application.

2.2.7. "Step II Project Requirements" shall mean:

(a) Federal:

Step II. Preparation of construction drawings and specifications. Prior to the award of a grant or grant amendment for a Step II project, the following must have been furnished:

A facilities plan (including an environmental assessment in accordance with Part 6 of Title 40, Protection of Environment, Chapter I - Environmental Protection Agency) in accordance with ''35.917 through 35.917-9;

Satisfactory evidence of compliance with the user-charge provisions of ''35.925-11 and 35.935-13;

Satisfactory evidence of compliance with the industrial cost-recovery provisions of ''35.925-12, 35.928 and 35.935-13, if applicable;

A statement regarding availability of the proposed site, if relevant;

Satisfactory evidence of a proposed or existing program for compliance with the Relocation and Land Acquisition Policies Act of 1970 in accordance with ''30.403(d) and Part 4 of aforementioned Title 40, Chapter I, if applicable;

Satisfactory evidence of compliance with other applicable federal statutory and regulatory requirements (see Part 30, Subpart C of aforementioned Title 40, Chapter I);

Proposed subagreements or an explanation of the intended method of awarding subagreements for performance of any substantial portion of the project work; and

Required comments or approvals of relevant state, local and federal agencies (including clearinghouse requirements of Office of Management and Budget (OMB) Circular A-95) if a grant application has not been previously submitted.

(b) Water Development Authority:

Shall include satisfaction of the federal requirements and the filing of the Step II application in a form set forth by the Authority and such agreements as may be included as a part of the application.

2.2.8. "Step III Project Requirements" shall mean:

(a) Federal:

Step III. Building and erection of a treatment works. Prior to the award of a grant or grant amendment for a Step III project, each of the items specified in Paragraph 2.2.7 (a) hereof and in addition (1) two (2) sets of construction drawings and specifications (suitable for bidding purposes) and (2) a schedule for or evidence of compliance with ''35.925-10 and 35.935-12 concerning an operation and maintenance program must have been furnished.

Step II/III. Design/construct project. Prior to the award of a grant or grant amendment for a design/construct project, the items in Paragraphs 2.2.7 (a) and 2.2.8 (a) hereof must have been furnished, except that in lieu of construction drawings and specifications, the proposed performance specifications and other relevant design/construct criteria for the project must have been submitted.

(b) Water Development Authority:

Shall include satisfaction of the federal requirements and the filing of the Step III application in a form set forth by the Authority and such agreements as may be included as a part of the application.

2.3. Definitions relating to Public Law 660 projects.

2.3.1. "PL-660" shall mean Public Law 84-660, Federal Water Pollution Control Act.

2.3.2. "Cost Overrun" shall mean that amount which is the total amount of cost overrun multiplied by the percentage level of the state matching grant initially awarded the grantee.

2.3.3. "Total Eligible Costs" shall mean the total eligible costs as defined in PL-660 and in rules and regulations promulgated relative to PL-660.

W. Va. Code R. § 44-1-2