La. Admin. Code tit. 48 § V-7805

Current through Register Vol. 50, No. 11, November 20, 2024
Section V-7805 - Definitions
A. The following terms used in these regulations shall have the following meanings:

Applicant-any person who submits an application for financial assistance in accordance with LAC 48:V.Chapter 78.

Community Water System-a public water system that serves year-round residents within a residential setting.

Construction-preliminary planning, engineering, architectural, legal, fiscal, and economic investigations and/or studies, surveys, designs, plans, working drawings, specifications, erection, building, acquisition, alteration, remodeling, improvement, or extension of the project.

Department-the Office of Public Health (OPH) of the Louisiana Department of Health and Hospitals (DHH).

Disadvantaged Community-a community:

a. whose application for a construction loan is primarily to resolve a health and compliance problem;

b. that will serve a population of less than 3,300 on a retail connection basis; and

c. where the median household income is 65 percent or more below the state average. Larger communities may receive this designation if taking over another public water system which would be determined to be disadvantaged under these criteria or by providing drinking water service to existing unserved areas with health problems.

Drinking Water Facilities-facilities which are for the purpose of protecting, producing, collecting, transporting, and treating source water, and for storing, distributing, or holding drinking water.

Environmental Review-an assessment by the DEQ of the environmental impact of a proposed project and assurances that the project will comply with all environmental laws and executive orders applicable to the project area.

Financial Assistance-loans, credit enhancement devices, guarantees, pledges, interest rate swap agreements, linked deposit agreements, and other financial subsidies authorized by law.

Fund-the Drinking Water Revolving Loan Fund established by the department in accordance with the Safe Drinking Water Act (SDWA) Amendments of 1996 and Act480 of the 1997 Regular Session of the Louisiana Legislature.

Governmental Agency-the state, its political subdivisions, or any agency thereof, Indian tribes, and combinations of governmental entities, which have authority to own, construct, or operate a public water system and other related activities.

Letter of Intent-a written notification of the intent of the applicant to participate in the fund program. The notification must include a request for financial assistance, the estimated amount of financial assistance, an estimated construction schedule; and must document the authority of the applicant to make the request.

Loan or Loans-a disbursement of money from the fund made by the department to a person in accordance with a loan and pledge agreement.

Loan and Pledge Agreement-a contractual arrangement by and between a person and the state acting by and through DEQ, providing for a loan or loans to such person for the purpose of paying the eligible cost of a project or projects.

Noncommunity Water System-a public water system that serves persons in a nonresidential setting.

Nonprofit Noncommunity Water System-a noncommunity water system that is owned by an entity organized under Louisiana law which qualifies as a tax exempt organization under the provisions of section 501(c)(3) of the Internal Revenue Code.

Person-any individual, partnership, firm, corporation, company, cooperative, association, society, trust, or any other business unit or entity, including the state, its political subdivisions, or any agency thereof, Indian tribes, and combinations of governmental entities.

Privately Owned System-a public water system that is not owned by a governmental agency.

Project-improvements or activities that are to be undertaken by a public water system which:

a. are of a type that will facilitate compliance with state drinking water regulations which are no less stringent than any federal drinking water regulations adopted pursuant to the SDWA; or

b. further the health protection objectives of the SDWA.

a. any collection, treatment, storage, and distribution facilities under the control of the operator of the system and used primarily in connection with the system; and

b. any collection or pretreatment storage facilities not under such control which are used primarily in connection with the system.

Publicly Owned System-a public water system that is owned by a governmental agency.

Secretary-the secretary of the Department of Health and Hospitals.

State-the State of Louisiana or any agency or instrumentality thereof.

System Improvement Plan-the document containing the necessary plans, specifications, and studies relating to the construction of a complete project of drinking water facilities.

La. Admin. Code tit. 48, § V-7805

Promulgated by the Department of Health and Hospitals, Office of Public Health, Division of Environmental Health Services, LR 24:693 (April 1998).
AUTHORITY NOTE: Promulgated in accordance with R.S. 40:2821 et seq.