W. Va. Code R. § 60-12-2

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

Section 60-12-2 - Definitions

2.1. "Capacity Development" means the technical, managerial and financial capability of a public water system.

2.2. "Capitalization Grant" means the assistance agreement by which the United States Environmental Protection Agency obligates funds allotted to a State for purposes of capitalizing the State's revolving fund and funds for other purposes authorized in Section 1452 of the Safe Drinking Water Act.

2.3. "Community Water System" means a public water system which serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents.

2.4. "Compliance" means conformity with State and federal laws, rules, and regulations applicable to public water systems.

2.5. "Cost" means the cost of all labor, materials, machinery, equipment, lands, property, rights and easements, plans and specifications, and all other expenses necessary or incident to the acquisition, construction, improvement, expansion, extension, repair, or rehabilitation of all or part of a project, including, but not limited to:

2.5.1. The costs of developmental, planning, and feasibility studies, surveys, plans, and specifications;

2.5.2. The costs of architectural, engineering, financial, legal, or other special services;

2.5.3. The costs of acquisition of land, only if the land is necessary to locate eligible project components and the land is acquired from a willing seller (land which must be condemned is not eligible);

2.5.4. The costs of site preparation and development, including demolition or removal of existing structures, construction and reconstruction, labor, materials, machinery, and equipment;

2.5.5. The reasonable costs of financing incurred by the local entity in the course of the development of the project, carrying charges incurred before placing the project in service, interest on funds borrowed to finance the project to a date subsequent to the estimated date the project is to be placed in service, necessary expenses incurred in connection with placing the project in service, and the funding of accounts and reserves as required by the Authority and the Instrumentality; and

2.5.6. Such other items as are deemed reasonable and necessary by the Instrumentality.

2.6. "Cross Cutter Authorities" means the Federal laws and authorities that apply by their own terms to projects or activities receiving federal assistance.

2.7. "Disadvantaged Community" means the service area of a public water system that meets the affordability criteria established in the annual Intended Use Plan after public review and comment by the Instrumentality and as approved by the United States Environmental Protection Agency.

2.8. "Drinking Water Treatment Revolving Fund" or "DWTRF" means the fund continued by W. Va. Code § 22-36-3(a) to be used for financial assistance to the public water systems for eligible infrastructure project costs.

2.9. The "Instrumentality," "Department," or "the WVDEP" mean the West Virginia Department of Environmental Protection, and any successor thereto, which has the primary responsibility for administering the DWTRF pursuant to requirements of the federal Safe Drinking Water Act.

2.10. "Intended Use Plan" means a document prepared by the Instrumentality each year which identifies the intended uses of the funds in the Drinking Water Treatment Revolving Fund, any new capitalization grants from the United States Environmental Protection Agency, any remaining funds from previous capitalization grants, and any state match.

2.11. "Local entity" means any municipality, public utility, or person, including any individual, firm, partnership, association, not-for-profit corporation, or other corporation organized and existing under the laws of the state which may construct and operate an eligible project.

2.12. "Public water system," as defined by West Virginia Code § 16-1-9a, means any water supply or system which regularly supplies or offers to supply water for human consumption through pipes or other constructed conveyances, if serving at least an average of 25 individuals per day for at least 60 days per year, or which has at least 15 service connections, and shall include:

2.12.1. Any collection, treatment, storage, and distribution facilities under the control of the owner or operator of the system and used primarily in connection with the system; and

2.12.2. Any collection or pretreatment storage facilities not under such control which are used primarily in connection with the system;

2.12.3. A public water system does not include a system which meets all of the following conditions:

2.12.3.a. Consists only of distribution and storage facilities and does not have any collection and treatment facilities;

2.12.3.b. Obtains all of its water from, but is not owned or operated by, a public water system which otherwise meets the definition;

2.12.3.c. Does not sell water to any person; and

2.12.3.d. Is not a carrier conveying passengers in interstate commerce.

2.13. "Project" means a project for improving a drinking water system for the purpose of achieving or maintaining compliance with applicable state and federal drinking water regulations.

2.14. "Project Priority List" means the list of projects that are eligible to be funded which is published in the Intended Use Plan.

2.15. "Safe Drinking Water Act" means the federal statute commonly known as the "Safe Drinking Water Act,"42 U.S.C. 300fet seq., as enacted, amended, and as may be subsequently amended.

2.16. "Secretary" means the cabinet secretary of the Instrumentality or the Instrumentality's successor.

2.17. "Set-Aside" means the moneys from the capitalization grant to be used for non-project activities specific to the Safe Drinking Water Act.

2.18. "Set-aside accounts" means those accounts that shall be set up for activities required by the federal Safe Drinking Water Act and the moneys for these accounts may be taken from the federal capitalization grant for these non-project activities before the capitalization grant is deposited into the fund.

2.19. "Small System" means a public water system serving 10,000 or fewer persons.

2.20. "USEPA" means the United States Environmental Protection Agency or any successor thereto.

2.21. "Water Development Authority" means the Water Development Authority created by W. Va. Code § 22C-1-4, and any successor thereto.

W. Va. Code R. § 60-12-2