The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. Words defined in the Texas Water Code, Chapter 15 or 17, and not defined here shall have the meaning provided by the appropriate chapter:

1. (1) Affected county--A county that:

   1. (A) has a per capita income that averaged 25% below the state average for the most recent three consecutive calendar years for which United States Bureau of Economic Analysis statistics are available and an unemployment rate that averaged 25% above the state average for the most recent three consecutive calendar years for which Texas Employment Commission statistics are available and is on a list, calculated annually, and maintained by the executive administrator of the Texas Water Development Board; or
   2. (B) is adjacent to an international border.

2. (2) Economically distressed area--An area within an affected county in which:

   1. (A) water or wastewater facilities are inadequate to meet minimal water supply or wastewater needs of residential users as defined by the minimum state standards adopted by the board;
   2. (B) financial resources are inadequate to provide water or wastewater facilities that will meet those needs; and

   3. (C) the percentage of the dwellings occupied on June 1, 1989, to be served by financial assistance under this subchapter was at least:

      1. (i) 80%; or
      2. (ii) 50%, if the services provided by financial assistance under this subchapter can be provided by common or regional facilities in a cost-effective manner in conjunction with service provided to an economically distressed area as determined under the other provisions of this subdivision.
3. (3) Facility planning--The studies and tasks that are required to be performed pursuant to §355.73(a) of this title (relating to Scope of Facility Plan) to determine the engineering feasibility of water or wastewater facilities for an economically distressed area , including the studies and tasks that may be required to be performed under §355.73(b).
4. (4) Minimal wastewater needs--A wastewater system that complies with the minimum state wastewater conveyance and treatment requirements as established by the Texas Natural Resource Conservation Commission.
5. (5) Minimal water supply needs--A water system that complies with the minimum state water treatment, conveyance, and storage regulatory requirements for human consumption as established by the Texas Natural Resource Conservation Commission.
6. (6) Wastewater facilities--Any devices and systems which are used in the transport, storage, individual treatment, on-site treatment, cluster system treatment, centralized treatment, conservation, recycling, and reclamation of domestic waste or which are necessary to recycle or reuse reclaimed domestic wastewater at the most economical cost over the estimated life of the new works, including intercepting sewers, outfall sewers, sewage collections systems, pumps, power equipment, septic tanks (including surface or subsurface drainage facilities and other improvements for proper functioning of septic tank systems), nonconventional treatment methods, and other equipment and their appurtenances; and extensions, improvements, remodeling, additions, and alterations to existing wastewater facilities. The term does not include devices and systems within dwellings, businesses, or institutions.
7. (7) Water facilities--Any devices and systems which are used in the collection, supply, development, protection, storage, transmission, treatment, and retail distribution of water for safe human use and consumption. The term does not include devices and systems within dwellings, businesses, or institutions.

Source Note:The provisions of this §355.70 adopted to be effective October 11, 1991, 16 TexReg 5329; amended to be effective May 6, 1992, 17 TexReg 3001; amended to be effective February 11, 1999, 24 TexReg 765.