Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Office of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since September 1, 2017, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


R317. Environmental Quality, Water Quality.

Rule R317-102. Utah Wastewater State Revolving Fund (SRF) Program.

As in effect on September 1, 2017

Table of Contents

R317-102-1. Policies and Guidelines.

The administrative rules described in R317-101, Utah Wastewater Project Assistance Program apply as a part of this Rule.

R317-102-2. Statutory Authority.

The authority for the Department of Environmental Quality acting through the Utah Water Quality Board to issue loans to finance all or part of wastewater project costs from the SRF is provided in Title VI of the Federal Clean Water Act and Sections 73-10b-1, and 73-10c-1 of the Utah Code Annotated.

R317-102-3. Definitions and Eligibility.

A. Eligible Activities of the SRF. All funds within the SRF must be used solely to provide loans and other authorized forms of financial assistance:

1. for the construction of publicly owned wastewater treatment works as defined in Section 212 of the CWA that appear on the Utah State Project Priority List as described in R317-100-1;

2. for implementation of a nonpoint source pollution control management program under Section 319 of the CWA.

B. First Use Requirement. The categories of funds described below must first be used for any major and minor publicly owned treatment works (POTW) that EPA Region VIII and Utah has previously identified as part of the National Municipal Policy universe:

1. the Federal capitalization grant award under section 205(m) and Title VI of the CWA;

2. repayments of initial loans awarded from the grant; and

3. the State match.

In order for Utah to use these funds for other kinds of treatment works, without unmet enforceable requirements under 212 or programs for nonpoint pollution sources, the Utah Division of Water Quality must certify that the POTWs described above are:

a. in compliance, or

b. on an enforceable schedule, or

c. have an enforcement action filed, or

d. have a funding commitment during or prior to the first year covered by the Intended Use Plan.

C. Types of Financial Assistance

1. Loans

a. Interest Rate. Loans may be made at or below market interest rates.

b. Repayment. Annual repayments of principal and interest will be made to begin not later than one year after project completion. Project Completion shall be defined as the date operations of the treatment works are capable of being initiated. Where a treatment works has been phased or segmented, the repayment requirement applies to the completion of individual phases or segments. At the discretion of the Water Quality Board, principal and interest payments may begin earlier than one year after operations are initiated.

The yearly amount of the principal repayment and the interest payment is set at the discretion of the Water Quality Board.

c. Dedicated Repayment Source. Loan recipients must establish one or more dedicated sources of revenue for repayment of the loan.

2. Refinancing Existing Debt Obligations. The Water Quality Board may use funds from the SRF to buy or refinance local debt obligations at or below market interest rate, where such debt was incurred after March 7, 1985. Refinanced projects must comply with the requirements imposed by the CWA as though they were projects receiving initial financing from the SRF. Further, where the original debt was in the form of a multi-purpose bond incurred for purposes in addition to wastewater treatment facility construction, refinancing from the SRF may be provided only for eligible purposes, and not for the entire debt.

3. Guarantee or Purchase Insurance for Local Debt Obligations.

4. Guarantee SRF Debt Obligations. Resources in the SRF may be used as security or as a source of revenue for the payment of principal and interest on revenue or general obligation bonds issued by the State and deposited in the SRF.

5. Loan Guarantees for sub-State Revolving Funds.

6. Earn Interest on Fund Accounts.

7. SRF Administrative Expenses.

R317-102-4. Compliance with Other Requirements.

Recipients of SRF funds may, if determined by the Water Quality Board, as provided by federal law, be required to meet the following other requirements, cited from the July 1, 1988 edition of the Code of Federal Regulations:

A. Title VI of the Civil Rights Act of 1964, whereby applicants must certify compliance with this act (40 CFR Part 7; Nondiscrimination in Programs Receiving Federal Assistance From EPA; and 40 CFR Part 12: Non-discrimination on the Basis of Handicap in Programs or Activities Conducted by the Environmental Protection Agency);

B. Minority and Women Owned Business Enterprise Procurement, whereby applicants agree to assist the state in meeting objectives established under 40 CFR 33.240, prior to authorization of the assistance agreement;

C. Accounting Procedures, whereby applicants agree to maintain a separate project account in accordance with Generally Accepted Accounting Standards and Utah State Uniform Accounting requirements;

D. Construction Payment Schedule, whereby applicants agree to supply the Division of Water Quality with a construction draw-down schedule before the loan closing.

E. Davis-Bacon Labor Wage Provisions. The applicant must apply Davis-Bacon labor wage provisions to treatment works construction (29 CFR Part 5). Wages paid for the construction of treatment works must conform to the prevailing wage rates established for the locality by the U.S. Department of Labor under the Davis-Bacon Act (Section 513, applies 40 U.S.C. 276 et seq.).

D. Following authorization of funds by the Water Quality Board or Executive Secretary, as appropriate, the applicant has a period of six months to meet the conditions of the loan authorization and complete a loan closing. If a loan closing for the project has not occurred within six months of the loan authorization, the funding may be rescinded.

KEY

wastewater, loans, water quality

Date of Enactment or Last Substantive Amendment

October 22, 2007

Notice of Continuation

November 16, 2015

Authorizing, Implemented, or Interpreted Law

19-5-104


Additional Information

Contact

For questions regarding the content or application of rules under Title R317, please contact the promulgating agency (Environmental Quality, Water Quality). A list of agencies with links to their homepages is available at https://www.utah.gov/government/agencylist.html.