- (a) The CWRLF has been established to help and encourage communities to construct and/or improve wastewater systems required to improve water quality and public health with low-interest financial assistance.
(b) Communities requesting assistance shall meet the following requirements:
(1) The borrower must:
- (A) Establish a dedicated source of funds for repayment of the loan; and
- (B) Enter legal and binding commitments with the Arkansas Natural Resources Commission and the Arkansas Development Finance Authority to secure financing;
(2) The borrower must comply with:
- (A) The requirements of this part;
- (B) The requirements of the Water Quality Act of 1987 as amended; and
- (C) All applicable state laws, requirements, and rules;
(3)
- (A) Disbursements may be made monthly based upon actual work done and costs incurred, except project performance services that will be disbursed as approved by the commission staff.
- (B) Funds will not be disbursed from the Arkansas Clean Water Revolving Loan Fund without approval by the commission staff;
(4)
- (A) The borrower shall provide an estimated completion date for construction to be used to develop the loan repayment schedule.
- (B) Repayment shall begin on this date no matter the date construction is completed.
- (C) The loan repayment period shall not exceed the federal law requirements;
(5)
- (A) The repayment schedule will be based on semiannual payments for the life of the loan.
- (B) The borrower will make monthly payments equal to one-sixth (1/6) of a semiannual payment.
- (C) The authority will deposit these payments in an interest-bearing account, and the interest will be credited to the borrower on the next repayment.
- (D) This procedure is used to monitor the borrower's ability to repay the loan before a repayment is due;
(6)
- (A) In case of cost overruns during construction, there will be no increase in the loan amount.
- (B) Should additional funding be required, the borrower must apply for a second loan; and
(7)
- (A) In case of cost underruns, the borrower will only repay the amount actually borrowed.
- (B) The repayment schedule will be recalculated on the estimated completion date.
- (C) The payments will be adjusted if there is a material difference between the amount actually borrowed and the amount available to the borrower.
- (D) A material difference will be determined and mutually agreed upon by the:
(i) Commission staff;
(ii) Authority; and
- (iii) Trustee.