1. (a) Financial assistance from the CWSRF is available to the following entities:

   1. (1) any municipality, interstate or state agency for the construction of or improvements to publicly-owned treatment works;
   2. (2) any person for the implementation of a non-point source project under §319 of the Act; and
   3. (3) any person for the development and implementation of a conservation and management plan for bays and estuaries under §320 of the Act.

2. (b) Financial assistance from the CWSRF is available for nonpoint source pollution projects consistent with the following definitions:

   1. (1) BMP--Best management practices are those practices determined to be the most efficient, practical, and cost-effective measures identified to guide a particular activity or address a particular problem.
   2. (2) National Estuary Program--A program created by the Water Quality Act of 1987 and administered according to §320 of the Act.
   3. (3) NPS Loan Program--Nonpoint Source Pollution Loan Program established to provide low interest loans to persons for the implementation of approved nonpoint source pollution control and abatement projects and estuary management projects.
   4. (4) NPS Management Report--The most recent Texas Nonpoint Source Pollution Assessment Report and Management Program adopted by the commission.

3. (c) Financial assistance from the CWSRF is available for nonpoint source pollution projects consistent with the following eligibilities:

   1. (1) The executive administrator may provide financial assistance to persons for nonpoint source pollution control projects or for national estuary program projects.
   2. (2) An Applicant for financial assistance for a nonpoint source or estuary program project shall submit an application in the form and number prescribed by the executive administrator. The executive administrator shall determine the type of financial assistance available to an Applicant for a nonpoint source pollution project or a national estuary program project.
   3. (3) The Board may provide financial assistance to applicants by either purchasing bonds issued by such applicant or by receiving a promissory note and entering into a loan agreement with such Applicant. If, however, an Applicant is a governmental entity that is fully authorized to issue bonds, the Applicant may not enter into a loan agreement as provided in this section.

4. (d) Financial assistance from the CWSRF is available for nonpoint source pollution projects consistent with the following conditions:

   1. (1) an identified practice within a Water Quality Management Plan;
   2. (2) a nonpoint source management activity that has been identified in the Texas Comprehensive Groundwater Protection Program; or
   3. (3) a BMP listed in the NPS Management Report and the EPA approved Nonpoint Source Management Plan and or the National Estuary Program efforts for the State of Texas.
5. (e) Financial Assistance from the CWSRF is available for national estuary program projects consistent with the EPA approved National Estuary Program efforts for the State of Texas.

Source Note:The provisions of this §375.2 adopted to be effective September 8, 2010, 35 TexReg 8126.