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) Administrative Cost Recovery Fund--An operating fund to finance the administration of the SRF program, to be held outside the state treasury and separate from the SRF Program Account.
2. (2) Administrative Costs--All reasonable and necessary costs of administering any aspect of the SRF program, including the cost of servicing debt obligations of recipients of SRF financial assistance.
3. (3) Alternative technology--Proven wastewater treatment processes and techniques which provide for the reclaiming and reuse of water, productively recycle wastewater constituents or otherwise eliminate the discharge of pollutants, or recover energy. Specifically, alternative technology includes land application of effluent and sludge; aquifer recharge; aquaculture; direct reuse (nonpotable); horticulture; revegetation of disturbed land; containment ponds; sludge composting and drying prior to land application; self-sustaining incineration; methane recovery; individual and on-site systems; and small diameter pressure and vacuum sewers and small diameter gravity sewers carrying partially or fully treated wastewater.
4. (4) Applicant--A political subdivision or subdivisions which file an application with the board for financial assistance or associated actions.
5. (5) 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 Fiscal Data); §375.34 of this title (relating to Required Legal Data); §375.35 of this title (relating to Required Environmental Review and Determinations); and §375.36 of this title (relating to SRF Engineering Plan).
6. (6) 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.
7. (7) Best practicable waste treatment technologies--The cost-effective technology that can treat wastewater, combined sewer overflows, and nonexcessive infiltration and inflow in publicly owned or individual wastewater treatment works to meet the applicable provisions of federal and state effluent limitations, groundwater protection, or other applicable standards.
8. (8) Binding commitment--A legal obligation, enforceable under state law, specifying the terms and schedules under which assistance is provided.
9. (9) Board--The Texas Water Development Board.
10. (10) Bonds--All bonds, notes, certificates, book-entry obligations, and other obligations authorized to be issued by any political subdivision.
11. (11) Building--The erection, acquisition, alteration, remodeling, improvement, or extension of treatment works.

12. (12) Capital financing plan--A plan which:

    1. (A) projects the future requirements for waste treatment services within the applicant's jurisdiction for a period of no less than 10 years;
    2. (B) projects the nature, extent, timing, and costs of future expansion and reconstruction of treatment works which will be necessary to satisfy the applicant's projected future requirements for waste treatment services; and
    3. (C) sets forth with specificity the manner in which the applicant intends to finance such future expansion and reconstruction.
13. (13) Capitalization grant--Federal grant assistance awarded to the state for capitalization of the State Water Pollution Control Revolving Fund.
14. (14) 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.
15. (15) Closing--The time at which the requirements for loan closing have been completed under §375.72 of this title (relating to Loan Closing) and an exchange of debt for funds to either the applicant, an escrow agent bank, or a trust agent has occurred.
16. (16) Collector sewer--The common lateral sewers, within a publicly owned treatment system, which are primarily installed to receive wastewaters directly from facilities which convey wastewater from individual systems, or from private property.
17. (17) Commission--The Texas Natural Resource Conservation Commission.

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

    1. (A) preliminary planning to determine the feasibility of treatment works;
    2. (B) engineering, architectural, environmental, legal, title, fiscal, or economic studies;
    3. (C) surveys, designs, plans, working drawings, specifications, procedures; and
    4. (D) erection, building, acquisition, alteration, remodeling, improvement, or extension of treatment works or the inspection or supervision of any of the foregoing items.
19. (19) 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.
20. (20) 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.
21. (21) Cost-effectiveness analysis--An analysis performed to determine which waste treatment management system or component part will result in the minimum total monetary (resources) costs over time, without overriding nonmonetary costs, to meet federal, state, and local requirements.
22. (22) Debt--All bonds, notes, certificates, book-entry obligations, and other obligations authorized to be issued by any political subdivision.
23. (23) Delivery--The time at which payment is made by the board to the loan recipient against the purchase price of the loan recipient's debt, and the board takes possession of the debt instruments evidencing the loan recipient's debt. Delivery may occur simultaneously with a release of funds, or without release of funds pursuant to an escrow agreement.
24. (24) Department--Texas Department of Health.
25. (25) Designated management agency, waste treatment management agency--A political subdivision of the state which is designated by the governor and approved by the EPA to receive federal assistance pursuant to the Act, §208 and §303(e).
26. (26) 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.
27. (27) Eligible applicant--A waste treatment management agency including any interstate agencies, or any city, town, 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.
28. (28) 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.
29. (29) 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.
30. (30) 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.
31. (31) 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 Determinations).
32. (32) EPA--The Environmental Protection Agency.
33. (33) EPA administrator--The chief officer of the Environmental Protection Agency appointed by the President of the United States.
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) Executive administrator--The executive administrator of the board or a designated representative.
39. (39) Financial assistance--Loans by the board from the state water pollution control revolving fund.
40. (40) Fund--The state water pollution control revolving fund, created pursuant to the Water Code, Chapter 15, Subchapter J.
41. (41) Funding year--The particular federal fiscal year (October 1-September 30) for which funds are made available to the SRF.
42. (42) 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.
43. (43) 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.
44. (44) Innovative technology--Developed wastewater treatment processes and techniques which have not been fully proven under the circumstances of their contemplated use and which represent a significant advancement over the state of the art in terms of significant reduction in life cycle cost or significant environmental benefits through the reclaiming and reuse of water, otherwise eliminating the discharge of pollutants, utilizing recycling techniques such as land treatment, more efficient use of energy and resources, improved or new methods of waste treatment management for combined municipal and industrial systems, or the confined disposal of pollutants so that they will not migrate to cause water or other environmental pollution.
45. (45) Intended use plan--A plan identifying the intended uses of the amount of funds available for loans in the SRF for each fiscal year as described in the Act, §606(c).

46. (46) 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.
47. (47) Market interest rate--The average interest rate given in current market dealings for this section of the country/state as determined by the board.
48. (48) Nonpoint source pollution plan--A plan for managing nonpoint source pollution as described in the Act, §319.
49. (49) Permit, 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.
50. (50) Planning area--The existing and proposed wastewater service area consistent with the appropriate water quality management plan.
51. (51) 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.

52. (52) Population--That number of people who reside within the territorial boundaries of the applicant as determined by:

    1. (A) information in the engineering feasibility study or SRF engineering plan or latest official census for an incorporated city; or
    2. (B) the population for which the project is designed, where the applicant is not an incorporated city or town.
53. (53) Priority list--A list of projects for which SRF assistance may be requested.
54. (54) Project--The scope of work describing a construction endeavor normally within a single sewage treatment plant service area which can be separately rated in accordance with §375.19 of this title (related to Rating Process).
55. (55) Project completion--The date operations of the treatment works are initiated or are capable of being initiated, as determined by the executive administrator.
56. (56) 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.
57. (57) 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.
58. (58) Release--The time at which funds are made available to the loan recipient.
59. (59) State allotment--The sum allocated to the State of Texas for a federal fiscal year, from funds appropriated by Congress pursuant to the Act.
60. (60) SRF--The state water pollution control revolving fund, created pursuant to the Water Code, Chapter 15, Subchapter J.
61. (61) SRF engineering plan--Those necessary plans and studies which directly relate to treatment works 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.
62. (62) SRF Program Account--The program account is an account in the SRF created pursuant to a resolution of the board in issuing SRF bonds and is used, pursuant to such bond resolution(s), for the purpose of providing financial assistance to political subdivisions for construction of treatment works and, if needed, to pay rebate amounts to the federal government.
63. (63) 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.
64. (64) 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.
65. (65) Value engineering--A specialized cost control technique which uses a systematic and creative approach to identify and to focus on unnecessarily high cost in a project in order to arrive at a cost saving without sacrificing the reliability or efficiency of the project.
66. (66) Water conservation plan--A report outlining the methods and means by which water conservation may be achieved within a particular facility's planning area, as further defined in §375.37 of this title (relating to Required Water Conservation Plan).
67. (67) Water conservation program--A comprehensive description and schedule of the methods and means to implement and enforce a water conservation plan.
68. (68) 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 25, 1988, 13 TexReg 791; amended to be effective April 21, 1989, 14 TexReg 1749; amended to be effective April 13, 1990, 15 TexReg 1837; amended to be effective February 10, 1995, 20 TexReg 492; amended to be effective November 10, 1995, 20 TexReg 8909; amended to be effective February 8, 1996, 21 TexReg 666.