310 CMR 45.03 - Definitions

For the purposes of 310 CMR 45.00, the following terms shall have the meaning set forth in 310 CMR 45.00 unless the context clearly requires otherwise.

310 CMR 22.00: Drinking Water. The Department's regulations governing the approval, use and operation of drinking water sources and public water systems.

Best Management Practices (BMPs). A method, measure or practice in water management, or a combination thereof, established and published by the Trust pursuant to St. 2014, c. 259, § 55. The Trust's BMPs can be found on the Official Website of the Treasurer and Receiver General of Massachusetts.

Community Water System. A community water system is a Public Water System as defined in 310 CMR 22.02: Definitions, which serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents.

Cost. Any or all costs, whenever incurred, approved by the Department in accordance with M.G.L. c. 21, § 27A, of carrying out a drinking water project, including, without limiting the generality of the foregoing: the costs for planning, preparation of studies and surveys, design, construction, facilities, improvement and rehabilitation, acquisition of real property, personal property, materials, machinery or equipment, start-up costs, demolitions and relocations, reasonable reserves and working capital, interest on loans, local governmental obligations and notes in anticipation of thereof prior to and during construction of such project or prior to the date of such loan, if later, administrative, legal and financing expenses, and other expenses necessary or incidental to the aforesaid.

Department. The Massachusetts Department of Environmental Protection.

Drinking Water Project. Any project of a type or category which the Department has determined, consistent with guidance issued by EPA in accordance with the SDWA, will facilitate compliance with national primary drinking water regulations under § 1412 of the SDWA, 42 U.S.C. § 300g-1 or otherwise significantly further the health protection objectives of the SDWA or 310 CMR 22.00: Drinking Water.

Eligible Borrower. Any LGU or other community water system which is authorized to own, operate, finance or otherwise implement a drinking water project.

EPA. The U.S. Environmental Protection Agency.

Federal Cross-cutters. Federal laws and authorities that apply by their own terms to projects receiving federal financial assistance such as the federal SRF. Such federal cross-cutters include, but are not limited to, environmental laws and authorities such as the Clean Air Act, Safe Drinking Water Act, Clean Water Act, Endangered Species Act, Coastal Zone Management Act, Wild and Scenic Rivers Act and the National Historic Preservation Act of 1966, and economic and miscellaneous authorities such as the procurement and contractor requirements associated with financial assistance programs under the Safe Drinking Water Act, Clean Water Act and Clean Air Act.

Grant Equivalency or Financial Equivalent of a Grant. The standard measure used by the Department and the Trust to determine the amount of subsidy applicable to the eligible costs of a project under the loan in accordance with St. 1998, c. 78.

Intended Use Plan or IUP. An annual plan submitted by the Trust to EPA pursuant to § 1452(b) of the SDWA, 42 U.S.C. § 300j-12(b), which identifies the intended use of the amounts available to the Fund as determined from time to time by the Trust and derived from the federal capitalization grant, state match amounts, loan repayments, investment earnings and any other moneys deposited by the Trust available to fund projects eligible for funding under St. 1998, c. 78. The IUP includes a listing of projects to receive financial assistance from the Fund, the distribution and use of the funds for set-aside activities, and a description of the short and long term goals for the use of project and set-aside funds.

Intended Use Plan Project Listing. Those projects identified by the Department for inclusion on the fundable portion of the calendar year priority list pursuant to 310 CMR 45.05(2).

Loan. Any form of financial assistance subject to repayment, in whole or in part, which is provided by the Trust to an eligible borrower for all or any part of the cost of a drinking water project. A loan may provide for planning, construction, bridge or permanent financing.

Loan Agreement. Any agreement entered into between the Trust and an eligible borrower pertaining to a loan or the purchase and delivery of local governmental obligations or other instruments evidencing or securing a loan.

Loan Commitment. A written commitment by the Trust to make a loan to a LGU or public water system to finance a project approved by the Department on terms consistent with the Department's Project Approval Certificate.

Local Government Unit (LGU). Any town, city, district, commission, agency, authority, board or other instrumentality of the Commonwealth or of any of its political subdivisions, including any regional local governmental unit as defined in M.G.L. c. 29C, § 1, which is responsible for the ownership or operation of a drinking water project and is authorized by a bond act to finance all or any part of the cost thereof through the issue of bonds.

Maximum Contaminant Level (MCL). The maximum permissible level of a contaminant in water which is delivered to any user of a public water system, as published in 310 CMR 22.00: Drinking Water.

MEPA. The Massachusetts Environmental Policy Act, M.G.L. c. 30, §§ 61 through 62H.

Project Approval Certificate. A certificate issued by the Department to the Trust certifying that a project is approved for financing by the Trust and that the costs of the project are eligible for financial assistance pursuant to M.G.L. c. 29C, § 6.

Project Regulatory Agreement. An agreement between the Department and an eligible borrower, executed and delivered to the Trust on or prior to the date of a loan from the Trust to the eligible borrower to finance a drinking water project approved by the Department, which includes a disbursement schedule, procedures for approval and payment of requisitions, conditions related to the borrower's compliance with the Department's regulations and other federal and state statutes and regulations applicable to the construction and operation of the project, and provision for the Department's supervision of the project in accordance with 310 CMR 45.00.

Public Water System. A system for the provision to the public of water for human consumption, through pipes or other constructed conveyances, if such system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days of the year, as further defined in 310 CMR 22.02: Definitions.

Safe Drinking Water Act or SDWA. Title XIV of the Federal Public Health Service Act, commonly known as the Safe Drinking Water Act, 42 U.S.C. 300f et seq.

Set-asides. The use of DWSRF federal capitalization grant funds and matching state funds, as applicable, for a range of specific activities identified in § 1452 of the SDWA to encourage source water protection and other Department drinking water program activities.

Small System. A public water system which regularly serves fewer than 10,000 persons.

Trust. The Massachusetts Clean Water Trust established by M.G.L. c. 29C. The Trust administers the Commonwealth's SRF programs, which are authorized by federal legislation, the Water Quality Act of 1987 for the clean water SRF and the Safe Drinking Water Act of 1996 for the drinking water SRF, to provide financial assistance to borrowers for wastewater projects and drinking water projects.

Notes

310 CMR 45.03

Amended by Mass Register Issue S1331, eff. 1/27/2017.