This rulemaking has been initiated to provide flexibility to the Department of Environmental Quality (DEQ) in its use of loan fees to meet statewide planning needs, to reduce administrative burden on a majority of wastewater loan recipients, and to achieve administrative efficiency.
The proposed rule includes the following:
- Revise definitions as necessary to allow for funding to certain individuals to help address nonpoint source water pollution.
- Make possible a reduced administrative burden by utilizing federal allowances that allow for flexibility in requiring federal consultations for certain loans [Subsection 042.08].
- Expand the use of wastewater loan fees to allow fees to supplement planning grants [Section 032].
- In a very limited set of circumstances, allow for 30 year repayment periods (when DEQ purchases or refinances existing debt obligations) [Subsection 050.05.h].
- Adopt existing state wastewater planning grant priority list scoring process so that the planning grants and the loans can be scored by the same criteria [Subsection 020.02].
- Align the definitions of "Point Source" and "Nonpoint Source Pollution" to clarify how loan applications should be classified.
- Revise Section 995, Waivers, to include a process for amending an integrated priority list.
This proposed rule also includes revisions that are typographical and nonsubstantive in nature (e.g., making corrections for consistency with IDAPA 58.01.20, Rules for Administration of Drinking Water Loan Program, and other DEQ rules).
DEQ received no public comment; however, the rule has been revised at Sections 004 and 007. In Section 004, DEQ's Web address has been added as a means of obtaining a copy of the Wastewater Facilities Loan Handbook of Procedures. In Section 007, the proposed definitions of "applicant" and "qualifying entity/individual" have been deleted so that DEQ can more fully explore the implications of expanding the pool of applicants for nonpoint source water pollution control loans. In addition, the definition of "eligible applicant," which was struck out in the proposed rule, has been revised by removing the word "eligible" for clarification purposes, the definition of "nonpoint source project sponsor" has been revised by replacing the term "qualifying/entity individual" with "applicant," and the definition of "facility plan" has been revised to correct a typographical error. The remainder of the rule has been adopted as proposed.
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