§ 963.1. Definitions.

 The following words and terms, when used in this chapter, have the following meaning, unless the context clearly indicates otherwise:

   Act—The Pennsylvania Infrastructure Investment Authority Act (35 P. S. § §  751.1—751.20).

   Administrative staff—The staff specifically assigned to administer the regular business of the Board.

   Applicant—An owner or operator of a facility or system for the collection, treatment or disposal of wastewater, including industrial wastewater, or for the collection, treatment, storage or distribution of drinking water or of nonpoint source projects or estuary protection projects that submits a written application requesting financial assistance.

   Approved applicant—An applicant whose application for financial assistance has been approved by the Board.

   Authority—The Pennsylvania Infrastructure Investment Authority.

   Binding commitment—A legal obligation between the Authority and an approved applicant that defines the terms and conditions for financial assistance from the Authority including assistance from the Clean Water State Revolving Fund.

   Board—The Board of Directors of the Authority.

   Bonds—Bonds, notes or their evidences of indebtedness issued by the Authority under the act.

   Borrower—An approved applicant who has entered into a binding commitment with the Authority.

   Clean Streams Law—The Clean Streams Law (35 P. S. § §  691.1—691.1001).

   Clean Water Act—The Federal Water Pollution Control Act of 1977, as amended by the Water Quality Act of 1987 (33 U.S.C.A. § §  1251—1387).

   Comprehensive Water Facilities Plan—A comprehensive plan for wastewater disposal and piped drinking water facilities prepared by the Department under section 11 of the act (35 P. S. §  751.11).

   Construction—Actions necessary for the erection, building, acquisition, alteration, remodeling, improvement or expansion of drinking water or sewerage facilities or nonpoint source projects or estuary protection projects.

   County-prepared watershed plans—Stormwater management plans for the watershed prepared under the Storm Water Management Act.

   Department—The Department of Environmental Protection of the Commonwealth.

   EPA—The United States Environmental Protection Agency.

   Eligible cost—The cost of labor, materials, machinery and equipment, lands, property, rights and easements, plans and specifications, surveys or estimates of costs and revenues, prefeasibility studies, engineering and legal services and other expenses necessary or incident to the acquisition, construction, improvement, expansion, extension, repair or rehabilitation of all or part of a project.

   Estuary protection project—A project necessary for development and implementation of an estuary conservation and management plan under section 320 of The Clean Water Act (33 U.S.C.A. §  1330).

   Governmental unit—An agency of the Commonwealth or a county, municipality or school district, or an agency, instrumentality, authority or corporation thereof; or a public body having local or regional jurisdiction or power.

   Industrial wastewater project—The eligible costs associated with the acquisition, construction, improvement, expansion, extension, repair or rehabilitation of all or part of a facility or system for the collection, treatment or disposal of industrial wastewater resulting from manufacturing or industry or from another establishment.

   Nonpoint source project—A project which does not have a discernable or confined discrete conveyance, and which is necessary for the implementation of a nonpoint source pollution control program under section 319 of the Clean Water Act (33 U.S.C.A. §  1329).

   Operation/maintenance costs—Costs associated with activities required to assure the dependable, efficient and economical function of wastewater or drinking water facilities, nonpoint source projects and estuary protection projects or costs associated with the preservation of the functional integrity and efficiency of equipment and structures, including preventative maintenance and replacement equipment.

   Part I Permit—A National Pollutant Discharge Elimination System (NPDES) permit issued by the Department under section 5 of The Clean Streams Law (35 P. S. §  691.5) and section 402 of the Clean Water Act (33 U.S.C.A. §  1342).

   Part II permit—A Water Quality Management permit issued by the Department under section 5 of The Clean Streams Law.

   Project—The eligible costs associated with the acquisition, construction, improvement, expansion, extension, repair or rehabilitation of all or part of any system or facility, whether publicly or privately owned:

     (i)   For the collection, treatment or disposal of wastewater, including industrial waste, or for nonpoint source projects or estuary protection projects.

     (ii)   For the supply, treatment, storage or distribution of drinking water.

     (iii)   In a public system or facility for the control of stormwater, which may include, the transport, storage and infiltration of stormwater, or costs for the best management practices to address point or nonpoint source pollution associated with stormwater runoff, or other innovative techniques identified in the county-prepared watershed plan under the Storm Water Management Act.

   Regional stormwater facility—A stormwater facility located at a strategic location in a watershed, generally at the confluence of a stream and its tributaries, to provide optimum detention/retention and water quality benefits.

   Second opinion project review—A review and evaluation of a project engineering design which shall include the analysis of the basic functions of a facility, system or process and shall identify alternatives, if any, for achieving these basic functions at lower costs or increased revenues. The evaluation shall be conducted by a design engineer or design engineering firm, at the discretion of the applicant. The design engineer or design engineering firm chosen by the applicant shall be independent of the project engineer and shall be a professional engineer licensed by the Commonwealth.

   Sewerage facilities—Devices and systems for the storage, treatment, recycling and reclamation of municipal or domestic wastewater or necessary to reliably recycle or reuse water at the most economical cost over the useful life of the works. The term includes intercepting sewers, outfall sewers, sewage collection systems, individual systems, pumping, power, and other equipment and their appurtenances; extensions, improvement, remodeling, additions and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and works, including site acquisition of the land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from treatment, including land for composting sludge and temporary storage of the compost and land used for the storage of treated wastewater in land treatment systems before land application; or another method or system for preventing, abating, reducing, storing, treating, separating or disposing of municipal waste or industrial waste, including waste in combined stormwater and sanitary sewer systems.

   Sewage Facilities Act—The Pennsylvania Sewage Facilities Act (35 P. S. § §  750.1—750.20).

   Sewerage project—The eligible cost associated with the acquisition, construction, improvement, expansion, extension, repair or rehabilitation of all or part of a sewerage facility or sewerage system for the collection, treatment or disposal of municipal or domestic wastewater.

   Sewerage system—An organized method, device or technique considered as an operable unit for preventing, abating, reducing, collecting, storing, conveying, treating, separating or disposing of municipal or domestic wastewater, including waste in combined stormwater and sanitary sewers.

   Stormwater—Drainage runoff from the surface of the land resulting from precipitation or snow or ice melt.

   Stormwater facility—A structure to capture, hold, treat or convey stormwater runoff to reduce peak rates or volumes of runoff or enhance water quality, or both.

   Storm Water Management Act—35 P. S. § §  680.1—680.17.

   Stormwater system—A group of stormwater facilities considered an operating unit to reduce peak rates or volumes of stormwater runoff or enhance water quality, or both.

   Useful life—The period of time for which a facility operates and serves its intended purpose.

   User—A single connection to a system.

   Wastewater project—An industrial wastewater project or a sewerage project.

   Water Facilities Loan Board—The board established under 32 Pa.C.S. §  7504 (relating to Water Facilities Loan Board).

   Water facility—A part of a water system used for collection, treatment, storage or distribution of drinking water.

   Water project—The eligible cost associated with the acquisition, construction, improvement, expansion, extension, repair or rehabilitation of all or part of a facility or system whether publicly or privately owned for the supply, treatment, storage or distibution of water for human consumption.

   Watershed—The entire region or area drained by a river or other body of water, whether natural or artificial.

   Water system—A system which provides water to the public for human consumption which has at least 15 service connections used by year-round residents or regularly serves at least 25 of the same persons over 6 months per year. The term includes collection, treatment, storage and distribution facilities under control of the operator of the system and used in connection with the system. The term includes collection or pretreatment storage facilities not under such control which are used in connection with the system.

Source

   The provisions of this §  963.1 amended July 7, 1995, effective July 8, 1995, 25 Pa.B. 2720; amended November 21, 1997, effective November 22, 1997, 27 Pa.B. 6080. Immediately preceding text appears at serial pages (197551) to (197554).



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