Definitions

The terms “Board,” “Department,” “Director” and “State” are defined in Section 39-103, Idaho Code. The term “Public Drinking Water System” (which includes “Community Water System,” and “Non-community Water System”) is defined in IDAPA 58.01.08, “Idaho Rules for Public Drinking Water Systems.” The terms “Wastewater,” and “Wastewater System” are defined in IDAPA 58.01.16, “Wastewater Rules.” (7-1-26) 01. Affordability. An applicant’s ability to pay for drinking water or wastewater service and infrastructure improvements while maintaining reasonable water and sewer rates for residents. (7-1-26) 02. Annual User Rate. The rate for drinking water or wastewater service for residential users based on all operating, maintenance, replacement and debt service costs for the existing system and for upgrades of proposed alternative. (7-1-26) 03. Applicant. An eligible system or nonpoint source project sponsor that has the ability to establish and maintain a loan repayment. (7-1-26) 04. Categorical Exclusion (CE). Category of actions which do not individually or cumulatively have a significant effect on the human environment and for which, therefore, neither an environmental information document nor an environmental impact statement is required. (3-24-22) 05. Contaminant. Any physical, chemical, biological, or radiological substance or matter in water. (3-24-22) 06. Disadvantaged Community. A community or service area of a drinking water or wastewater system that meets the affordability criteria in Section 021 and may be eligible for loan modification, additional subsidy, or assistance. (7-1-26) 07. Disadvantaged Loans. Loans made to a disadvantaged community. (3-24-22) 08. Eligible Costs. Costs which are necessary for planning, designing and/or constructing drinking water or wastewater systems, or implementation of water pollution control projects. To be eligible, costs must be reasonable and not ineligible costs. The determination of eligible costs will be made by the Department pursuant to IDAHO ADMINISTRATIVE CODE IDAPA 58.01.12 – Rules for Administration of Department of Environmental Quality Wastewater & Drinking Water Loan Funds Section 007 Page 4 Section 041. (7-1-26) 09. Environmental Impact Statement (EIS). A document prepared by the applicant when the Department determines that the proposed construction project will significantly affect the environment. The major purpose of the EIS will be to describe fully the significant impacts of the project and how these impacts can be either avoided or mitigated. The environmental review procedures contained in Chapter 5 of the Handbooks may be used as guidance when preparing the EIS. (7-1-26) 10. Environmental Information Document (EID). Any written environmental assessment prepared by the applicant describing the environmental impacts of a proposed wastewater or drinking water construction project. This document will be of sufficient scope to enable the Department to assess the environmental impacts of the proposed project. (7-1-26) 11. Financial Management System. Uniform method of recording, summarizing and analyzing financial information about the loan applicant. (3-24-22) 12. Finding of No Significant Impact (FONSI). A document prepared by the Department presenting the reasons why an action, not otherwise excluded, will not have a significant effect on the human environment and for which an EIS will not be prepared. It must include the environmental assessment or a summary of it and shall note any other environmental documents related to it. (7-1-26) 13. Implementation Plan. Nonpoint source project implementation plan or work plan provides detailed documentation of the proposed project including list of tasks, schedule of tasks, agency/contractor/entity responsible for implementation of the project tasks, adequate time schedules for completion of all budget tasks, and the anticipated results of the project. (7-1-26) 14. Ineligible Costs. Costs which are not eligible for funding pursuant to these rules. (3-24-22) 15. Loan Recipient. An applicant who has been awarded a loan. (3-24-22) 16. Nonpoint Source Pollution. Water pollution that enters the waters of the state from nonspecific and diffuse sources and is the result of runoff, precipitation, drainage, seepage, hydrological modification or land disturbing activities. (3-24-22) 17. Nonpoint Source Project Sponsor. Any applicant for wastewater loan funds to address nonpoint source pollution. (3-24-22) 18. Nonprofit Noncommunity Water System. A public drinking water system that is not a community water system and is governed by 26 U.S.C Section 501 of the Internal Revenue Code and includes, but is not limited to, state agencies, municipalities and nonprofit organizations such as churches and schools. (7-1-26) 19. Operation and Maintenance Manual. For wastewater or drinking water facilities, a guidance and training manual outlining the optimum operation and maintenance of the facilities and their components. For nonpoint source water pollution control projects, a plan that incorporates applicable sections of the Natural Resources Conservation Service Field Office Technical Guide, for implementation of best management practices. (3-24-22) 20. Planning Document. A document which describes the condition of a public wastewater or drinking water system and presents a cost effective and environmentally sound alternative to achieve or maintain regulatory compliance. Engineering reports and facility plans are examples of such planning documents. The planning documents must be prepared by or under the responsible charge of an Idaho licensed professional engineer and bear the imprint of the engineer’s seal. Requirements for planning documents prepared using loan funds are provided in Section 030 and in the Handbook. (7-1-26) 21. Priority List. An integrated list of proposed wastewater system and nonpoint source pollution control projects rated as described in Section 020; or a list of proposed drinking water projects rated by severity of risk to public health, the necessity to ensure compliance with IDAPA 58.01.08, Idaho Rules for Public Drinking Water Systems, and the Safe Drinking Water Act (42 U.S.C. Section 300j et seq.), population affected, and need on a IDAHO ADMINISTRATIVE CODE IDAPA 58.01.12 – Rules for Administration of Department of Environmental Quality Wastewater & Drinking Water Loan Funds Section 008 Page 5 household basis for protection of Idaho's public drinking water. (7-1-26) 22. Readiness to Proceed. The progress which a loan applicant has made toward completion of tasks necessary to receive a loan (e.g. bond election, local improvement district formation, judicial confirmation towards debt authority, completion of facility plan). (7-1-26) 23. Reserve Capacity. That portion of the facility that is designed and incorporated in the constructed facilities to handle future demand upon the system. (3-24-22) 24. Sewer Use Ordinance/Sewer Use Resolution. An ordinance or resolution that requires new sewers and connections to be properly designed and constructed, prohibits extraneous sources of inflow, and prohibits introduction of wastes into the sewer in an amount that endangers the public safety or the physical or operational integrity of the wastewater system. (7-1-26) 25. Supplemental Grants. Grant funds awarded in conjunction with a loan or as a standalone to the project. (7-1-26) 26. Suspension. An action by the Director to suspend a loan contract prior to project completion for a specified cause. Suspended contracts may be reinstated. (3-24-22) 27. Sustainability. Sustainability will include efforts for energy and water conservation, extending the life of capital assets, green building practices, and other environmentally innovative approaches to infrastructure repair, replacement and improvement. (3-24-22) 28. Termination. An action by the Director to permanently terminate a loan contract prior to project completion for a specific cause. Terminated contracts will not be reinstated. (3-24-22) 29. User Charge System. A system of rates and service charges applicable to specific types of users, including any legal enforcement mechanism that provides sufficient reserves and/or revenues for debt retirement, operation and maintenance, and replacement of the installed equipment or structures. (7-1-26) 30. Water Pollution Control Project. Any project that contributes to the removal, curtailment, or mitigation of pollution of the surface waters or groundwater of the state, or the restoration of the quality of said waters, and conforms to any applicable planning document which has been approved in the State Water Quality Management Plan. This includes the planning, design, construction/implementation or any other distinct stage or phase of a project. (7-1-26) 31. Water System Protection Ordinance. An ordinance adopted pursuant to Chapter 32, Title 42, Idaho Code, or other applicable law that requires new connections to be properly designed and constructed, which prohibits cross-connections with non-potable water sources and in all ways protects the water system from injection of contaminants, and that provides for fees for service from users or classes of users. (3-24-22)