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

1. (1) Act--The Federal Water Pollution Control Act, as amended, 33 USC 1251 et. seq.
2. (2) Administrative cost recovery fund--An operating fund to finance the administration of the CWSRF program, to be held outside the state treasury and separate from the CWSRF program account.
3. (3) Administrative costs--All reasonable and necessary costs of administering any aspect of the CWSRF program, including the cost of servicing debt obligations of recipients of CWSRF financial assistance.
4. (4) Alternative technology--Proven wastewater management techniques which provide for the reclaiming and reuse of water, productively recycle wastewater constituents or recover energy. Specifically, alternative technology includes land application of effluent and sludge; aquifer recharge; aquaculture; direct reuse; horticulture; revegetation of disturbed land; containment ponds; sludge composting and drying prior to land application; self-sustaining incineration; methane recovery; individual and onsite systems; and small diameter pressure and vacuum sewers and small diameter gravity sewers carrying partially or fully treated wastewater.
5. (5) Applicant--A political subdivision or subdivisions which file an application with the board for financial assistance or associated actions.
6. (6) Application for assistance--All the information required for submittal in the following sections: §375.32 of this title (relating to Required General Information), §375.33 of this title (relating to Required Legal Information), §375.34 of this title (relating to Required Fiscal Information), §375.35 of this title (relating to Required Environmental Review and Determination), and §375.36 of this title (relating to Engineering Feasibility Data).
7. (7) Authorized representative--The signatory agent of the applicant authorized and directed by the applicant's governing body to make application for assistance and to sign documents required to undertake and complete the project, on behalf of the applicant.
8. (8) Board--The Texas Water Development Board.
9. (9) Bonds--All bonds, notes, certificates, book-entry obligations, and other obligations authorized to be issued by any political subdivision.
10. (10) Building--The erection, acquisition, alteration, remodeling, improvement, extension, or implementation of projects.
11. (11) Capitalization grant--Federal grant assistance awarded to the state for capitalization of the Clean Water State Revolving Fund.
12. (12) Change order--The documents issued by the loan recipient, authorizing a change, alteration, or variance in previously approved engineering contract documents, including, but not limited to, additions or deletions of work to be performed pursuant to the contract or a change in costs for work performed pursuant to the contract.
13. (13) Closing--The time at which the requirements for loan closing have been completed under §375.71 of this title (relating to Loan Closing) and an exchange of debt for release of funds to either the applicant, an escrow agent bank, or a trust agent has occurred.
14. (14) Collector sewer--The common lateral sewers, within a publicly owned treatment system, which are primarily installed to receive wastewater directly from facilities which convey wastewater from individual systems, or from private property.
15. (15) Commission--The Texas Natural Resource Conservation Commission.
16. (16) Commitment--An action of the board evidenced by a resolution, approving a request for financial assistance pursuant to this chapter.

17. (17) Construction--Any one or more of the following:

    1. (A) preliminary planning to determine the feasibility of a project;
    2. (B) engineering, architectural, environmental, legal, title, fiscal, or economic studies;
    3. (C) the expense of any condemnation or other legal proceeding;
    4. (D) surveys, designs, plans, working drawings, specifications, procedures; and
    5. (E) the building of a project or the inspection or supervision of any of the foregoing items.
18. (18) Construction fund--A dedicated source of funds, created and maintained by the applicant at an official depository, or a designated depository approved by the executive administrator, used solely for the purposes of construction of a project as approved by the board.
19. (19) Contract documents--The engineering description of the project including engineering drawings, maps, technical specifications, design reports, instructions and other contract conditions and forms that are in sufficient detail to allow contractors to bid on the work.
20. (20) Cost-effectiveness determination--A determination based on engineering, environmental, and financial analyses that a proposed project or component part will result in the minimum total monetary costs over time, but without overriding adverse social, economic, and environmental considerations and legal requirements.
21. (21) CWSRF--The state water pollution control revolving fund created pursuant to the Texas Water Code, Subchapter J, Chapter 15, herein referred to as the Clean Water State Revolving Fund.
22. (22) CWSRF program account--The program account is an account in the CWSRF created pursuant to a resolution of the board in issuing CWSRF bonds and is used, pursuant to such bond resolution(s), for the purpose of providing financial assistance to political subdivisions for construction of projects and, if needed, to pay rebate amounts to the federal government.
23. (23) Debt--All bonds, notes, certificates, book-entry obligations, and other obligations authorized to be issued by any political subdivision.
24. (24) Designated management agency, waste treatment management agency--A political subdivision of the state which is designated by the governor and approved by EPA to receive federal assistance pursuant to the Act, §208 and §303(e).
25. (25) Effluent limitation--Any restriction established by the state or the EPA administrator on quantities, rates, and concentrations of chemical, physical, biological, and other constituents which are discarded from a point source into waters of the state.
26. (26) Eligible applicant--A waste treatment management agency including any interstate agencies, or any city, commission, county, district, river authority, or other public body created by or pursuant to state law which has authority to dispose of sewage, industrial wastes, or other waste; or an authorized Indian tribal organization; or any political subdivision applying for financial assistance to build a nonpoint source pollution control project pursuant to the Act, §319; or any political subdivision applying for financial assistance for an estuary management project pursuant to the Act, §320.
27. (27) Enforceable requirements of the Act--Those conditions and limitations of permits issued pursuant to the Act, §402 and §404, which, if violated, could result in issuance of a compliance order or initiation of a civil or criminal action under the Act, §309. Where a permit has not been issued, but issuance is anticipated, the term means any requirement which will be in the permit when issued. Where no permit is applicable, the term means any requirement which is necessary to meet applicable criteria for best practicable waste treatment technology.
28. (28) Engineering feasibility data--Those necessary plans and studies which directly relate to projects needed to comply with enforceable requirements of the Act and state statutes, and which consist of a systematic evaluation of alternatives that are feasible in light of the unique demographic, topographic, hydrologic, and institutional characteristics of the area and will demonstrate the selected alternative is cost-effective.
29. (29) Environmental assessment--A written analysis prepared by the applicant describing the potential environmental impacts of a proposed project, sufficient in scope to enable the executive administrator to make an environmental determination.
30. (30) Environmental determination--A finding by the executive administrator regarding the potential environmental impacts of a proposed project and describing what mitigative measures, if any, the applicant will be required to implement as a condition of financial assistance.
31. (31) Environmental information document--A written analysis prepared by the applicant describing the potential environmental impacts of a proposed project, sufficient in scope to enable the executive administrator to prepare an environmental assessment to allow an environmental determination to be made by the executive administrator.
32. (32) Environmental review--The process whereby an evaluation is undertaken by the board, consistent with the National Environmental Policy Act and other federal, state, and local laws and requirements, to determine whether a proposed project may have significant impacts on the environment and therefore require the preparation of an environmental impact statement, as detailed in §375.35 of this title (relating to Required Environmental Review and Determination).
33. (33) EPA--The United States Environmental Protection Agency.
34. (34) Escrow--The transfer of funds to a custodian of the funds which will act as the escrow agent or trust agent.
35. (35) Escrow agent--The third party appointed to hold the funds which are not eligible for release to the loan recipient.
36. (36) Escrow agent bank--The financial institution which has been appointed to hold the funds which are not eligible for release to the loan recipient.
37. (37) Estuary management plan--A plan for the conservation and management of an estuary of national significance as described in the Act, §320.
38. (38) Estuary management project--A project to develop or implement an estuary management plan.
39. (39) Executive administrator--The executive administrator of the board or a designated representative.
40. (40) Financial assistance--Loans by the board from the CWSRF, which may be made in conjunction with grants from the Hardship Grants Program for Rural Communities.
41. (41) Fund--The state water pollution control revolving fund, created pursuant to the Texas Water Code, Subchapter J, Chapter 15, herein referred to as the CWSRF.
42. (42) Funding year--The particular federal fiscal year (October 1--September 30) for which funds are made available to the CWSRF.
43. (43) Hardship Grants Program for Rural Communities--The program established by the federal Omnibus Consolidated Recessions and Appropriations Act of 1996 (Public Law 104-403).
44. (44) Infiltration--Water other than wastewater that enters a sewer system (including sewer service connections and foundation drains) from the ground through such means as defective pipes, pipe joints, connections, or manholes. Infiltration does not include, and is distinguished from, inflow.
45. (45) Inflow--Water other than wastewater that enters a sewer system (including sewer service connections) from sources such as, but not limited to, roof leaders, cellar drains, yard drains, area drains, drains from springs and swampy areas, manhole covers, cross connections between storm sewers and sanitary sewers, catch basins, cooling towers, storm waters, surface runoff, street wash waters, or drainage. Inflow does not include, and is distinguished from, infiltration.
46. (46) Innovative technology--Nonconventional methods of treatment such as rock reed, root zone, ponding, irrigation or other technologies which represent a significant advance in the state of the art.
47. (47) Intended use plan--A plan identifying the intended uses of the amount of funds available for loans in the CWSRF for each fiscal year as described in the Act, §606(c).

48. (48) Interceptor sewer--A sewer which is designed for one or more of the following purposes:

    1. (A) to intercept wastewater from a final point in a collector sewer and convey such wastes directly to a treatment facility or another interceptor;
    2. (B) to replace an existing wastewater treatment facility and transport the wastes to an adjoining collector sewer or interceptor sewer for conveyance to a treatment plant;
    3. (C) to transport wastewater from one or more municipal collector sewers to another municipality or to a regional facility for treatment; and
    4. (D) to intercept an existing major discharge of raw or inadequately treated wastewater for transport directly to another interceptor or to a treatment plant.
49. (49) Lending rate--Interest rate assessed to loan applicants for loans through the CWSRF.
50. (50) Market interest rate--The average interest rate given in current market dealings for this section of the country/state as determined by the board.
51. (51) Nonpoint source pollution plan--A plan for managing nonpoint source pollution as described in the Act, §319.
52. (52) Nonpoint source pollution project--A project pursuant to a nonpoint source pollution plan.
53. (53) Permit or waste discharge permit--The authority granted by the commission to establish the conditions under which waste may be discharged into or adjacent to waters in the state.
54. (54) Planning area--The existing and proposed wastewater service area consistent with the appropriate water quality management plan.
55. (55) Point source--Any discernible, confined and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged. This term does not include agricultural stormwater discharges and return flows from irrigated agriculture.

56. (56) Population--For purposes of §375.15 of this title (relating to Criteria and Methods for Distribution of Funds) and §375.16 of this title (relating to Rating Process), population will be based upon data that is acceptable to the executive administrator and is determined as follows:

    1. (A) where the applicant is an incorporated city or town, the best available estimate of the current number of people which reside within the territorial boundaries of the applicant, or where greater, the number of people which receive wholesale or retail wastewater service from the applicant; or
    2. (B) where the applicant is not an incorporated city or town, the best available estimate of the current number of people in the wastewater treatment service area to which the proposed project provides service.
57. (57) Pre-design commitment--A commitment by the board prior to completion of planning or design pursuant to §375.39 of this title (relating to Pre-Design Funding Option).
58. (58) Principal project--A project or group of projects included in a proposal which are intended to address a specific system condition within a single wastewater treatment service area that can be rated according to §375.16 of this title (relating to Rating Process), the cost of correction of which represents greater than 50% of the cost of all projects included in the proposal.
59. (59) Priority list--A list of projects for which CWSRF assistance may be requested.
60. (60) Project--The scope of work describing a construction endeavor normally within a single wastewater treatment or collection service area which can be separately rated in accordance with §375.16 of this title (relating to Rating Process), or a nonpoint source project or estuary management project.
61. (61) Project completion--The date that operations of the treatment works are initiated or are capable of being initiated, as determined by the executive administrator.
62. (62) Project engineer--The engineer or engineering firm retained by the applicant to provide professional engineering services during the planning, design, and/or construction of a project.
63. (63) Regional facility--Wastewater collection and treatment, which incorporates multiple service areas into an area wide service facility, thereby reducing the number of required facilities, or any system which serves an area that is other than a single county, city, special district, or other political subdivision of the state, the specified size of which is determined by any one or combination of population, number of governmental entities served, and/or service capacity. Regional wastewater treatment facilities may also include those identified in the approved state water quality management plan and the annual updates to that plan.
64. (64) Release--The time at which funds are made available to the loan recipient.

65. (65) Rural hardship community--A community consisting of not more than 3,000 residents that is not a remote area within the corporate boundaries of a larger city and that:

    1. (A) is lacking centralized wastewater treatment or collection systems or is in need of improvements to onsite wastewater treatment systems;
    2. (B) has an average annual per capita income equal to or less than 80% of the national annual per capita income as determined by the latest decennial census; and
    3. (C) has an unemployment rate that exceeds by at least one percentage point the most recently reported average yearly national unemployment rate.
66. (66) State of Texas 303(d) List--The list prepared biennially by the commission as required by the Act, §303(d).
67. (67) Treatment works--Any devices and systems which are used in the storage, treatment, recycling, and reclamation of waste or which are necessary to recycle or reuse water at the most economical cost over the estimated life of the works, including intercepting sewers, outfall sewers, sewage collection systems, pumping, power, and other equipment and their appurtenances; extensions, improvements, remodeling, additions, and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and any works, including site acquisition of the land that will be an integral part of, or used in connection with, the treatment process (including land used for the storage of treated water in land treatment systems prior to land application) or is used for ultimate disposal of residues resulting from such treatment; or facilities to provide for the collection, control, and disposal of waste.
68. (68) Trust agent--The party appointed by the applicant and approved by the executive administrator of the board to hold the funds which are not eligible for release to the loan recipient.
69. (69) Unserved areas--For purposes of the rating process, refers to populated areas of an existing developed community that are not served by a centralized collection system.
70. (70) Water conservation plan--A report outlining the methods and means by which water conservation may be achieved within a particular facilities planning area, as further defined in §375.37 of this title (relating to Required Water Conservation Plan).
71. (71) Water conservation program--A comprehensive description and schedule of the methods and means to implement and enforce a water conservation plan.
72. (72) Water quality management plan--A plan prepared and updated annually by the state and approved by the Environmental Protection Agency which determines the nature, extent, and causes of water quality problems in various areas of the state and identifies cost-effective and locally acceptable facility and nonpoint measures to meet and maintain water quality standards.

Source Note:The provisions of this §375.2 adopted to be effective February 11, 1999, 24 TexReg 769; amended to be effective February 10, 2000, 25 TexReg 812; amended to be effective November 7, 2000, 25 TexReg 10927.