| (36) Force majeure--Acts of god, strikes, lockouts,
or other industrial disturbances, acts of the public enemy, war, blockades,
insurrections, riots, epidemics, landslides, lightning, earthquakes,
fires, storms, floods, washouts, droughts, tornadoes, hurricanes,
arrests and restraints of government and people, explosions, breakage
or damage to machinery, pipelines or canals, and any other inabilities
of either party, whether similar to those enumerated or otherwise,
and not within the control of the party claiming such inability, which
by the exercise of due diligence and care such party could not have
avoided.
(37) Green project--A project or components of a project
that, when implemented, will result in energy efficiency, water efficiency,
green infrastructure, or environmental innovation that is characterized
as a green project either categorically or by utilizing a business
case as approved by the executive administrator.
(38) Green project reserve--A federal directive requiring
a specified portion of the capitalization grant to be used for green
projects.
(39) Initial Invited Projects List--That portion of
the Project Priority List listing the eligible projects ranked according
to their rating that will initially be invited to submit applications
in accordance with procedures and deadlines as detailed in the applicable
IUP.
(40) Intended Use Plan (IUP)--A document prepared annually
by the Board, after public review and comment, which identifies the
intended uses of all DWSRF program funds and describes how those uses
support the overall goals of the DWSRF program.
(41) Lending rate--The rate of interest applicable
to financial assistance that must be repaid.
(42) Market interest rates--Interest rates comparable
to those attained for securities in an open market offering.
(43) Municipality--A city, town, or other public body
created by or pursuant to state law.
(44) Non-equivalency projects--All projects other than
Equivalency projects.
(45) Nonprofit organization--Any legal entity that
is recognized as a tax-exempt organization by the Texas Comptroller
of Public Accounts pursuant to 34 Texas Administrative Code, Part
1, Chapter 3, Subchapter O (relating to State and Local Sales and
Use Taxes).
(46) Nonprofit noncommunity (NPNC) water system--A
public water system that is not operated for profit, is owned by a
political subdivision or nonprofit entity, and is not a community
water system.
(47) Outlay report--The Board's form used to report
costs incurred on the project.
(48) Permit--Any permit, license, registration, or
other legal document required from any local, regional, state, or
federal government for construction of the project.
(49) Person--An individual, corporation, partnership,
association, State, municipality, commission, or political subdivision
of the State, or any interstate body, as defined by 33 U.S.C. §1362,
including a political subdivision as defined by Chapter 15, Subchapter
J, of the Texas Water Code, if the person is eligible for financial
assistance under the Act.
(50) Planning--The project phase during which the Applicant
identifies and evaluates potential alternatives to meet the needs
of the proposed project. It includes the environmental review described
in Subchapter E of this Chapter and preparation of the engineering
feasibility report as described in Subchapter F of this Chapter.
(51) Political subdivision--A municipality, intermunicipal,
interstate, or state agency, any other public entity eligible for
assistance, or a nonprofit water supply corporation created and operating
under Texas Water Code Chapter 67.
(52) Population--The number of people who reside within
the territorial boundaries of or receive wholesale or retail water
service from the Applicant based upon data that is acceptable to the
executive administrator and which includes the following:
(A) acceptable demographic projections or other information
in the engineering feasibility report or the latest official data
available from the U.S. Census Bureau for an incorporated city; or
(B) information on the population for which the project
is designed, where the Applicant is not an incorporated city or town.
(53) Primary drinking water regulation--Regulations
promulgated by EPA which:
(A) apply to public and private water systems;
(B) specify contaminants which, in the judgment of
the EPA, may have any adverse effect on the health of persons;
(C) specify for each such contaminant either:
(i) a maximum contaminant level if, in the judgment
of the EPA, it is economically and technologically feasible to ascertain
the level of such contaminant in water in public water systems; or
(ii) if, in the judgment of the EPA, it is not economically
or technologically feasible to ascertain the level of such contaminant,
each treatment technique known to the EPA which leads to a reduction
in the level of such contaminant sufficient to satisfy the requirements
of the Act; and
(D) contain criteria and procedures to assure a supply
of drinking water which dependably complies with such maximum contaminant
levels including quality control and testing procedures to ensure
compliance with such levels and to ensure the proper operation and
maintenance of the system, and requirements as to:
(i) the minimum quality of water which may be taken
into the system; and
(ii) the siting of new facilities for public water
systems.
(54) Principal forgiveness--A type of additional subsidization
authorized by 42 U.S.C. §300j-12(d) or federal appropriations
acts, as detailed in the Intended Use Plan and principal forgiveness
agreement or bond transcript applicable to the project.
(55) Private Placement Memorandum (PPM)--A document
functionally similar to an "official statement" used in connection
with an offering of municipal securities in a private placement.
(56) Project--The planning, acquisition, environmental
review, design, construction, and other activities designed to accomplish
the objectives, goals, and policies of the Act.
(57) Project engineer--The engineer retained by the
Applicant to provide professional engineering services during any
phase of a project.
(58) Project Information Form (PIF)--The form that
the executive administrator determines must be submitted by Applicants
for rating and ranking on an IUP.
(59) Project Priority List--A listing found in the
IUP of projects eligible for funding, ranked according to their rating
criteria score and that may be further prioritized as described in
the applicable IUP.
(60) Public water system--
(A) In General. A system that provides water to the
public for human consumption through pipes or other constructed conveyances,
if such system has at least 15 service connections or regularly serves
at least 25 individuals. Such term includes:
(i) any collection, treatment, storage, and distribution
facilities under control of the operator of such system and used primarily
in connection with such system; and
(ii) any collection or pretreatment storage facilities
not under such control which are used primarily in connection with
such system.
(B) Connections. A connection to a system that delivers
water by a constructed conveyance other than a pipe shall not be considered
a connection, if:
(i) the water is used exclusively for purposes other
than residential use (consisting of drinking, bathing, cooking, or
other similar uses);
(ii) the EPA or the Commission determines that alternative
water to achieve the equivalent level of public health protection
provided by the applicable national primary drinking water regulation
is provided for residential or similar uses for drinking and cooking;
or
(iii) the EPA or the Commission determines that the
water provided for residential or similar uses for drinking, cooking,
and bathing is centrally treated or treated at the point of entry
by the provider, a pass-through entity, or the user to achieve the
equivalent level of protection provided by the applicable national
primary drinking water regulations.
(C) Irrigation districts. An irrigation district in
existence prior to May 18, 1994, that provides primarily agricultural
service through a piped water system with only incidental residential
or similar uses shall not be considered to be a public water system
if the system or the residential or similar users of the system comply
with subparagraph (B)(ii) and (iii) of this paragraph.
Cont'd... |
