§ 159G-20. Definitions. - North Carolina Statutes

Article 1.

General Provisions.

§ 159G‑20.  Definitions.

The following definitions apply in this Chapter:

(1)        Construction costs. – The costs of planning, designing, andconstructing a project for which a loan or grant is available under thisChapter. The term includes the following:

a.         Excess or reserve capacity costs attributable to no morethan 20‑year projected domestic growth plus ten percent (10%) unspecifiedindustrial growth.

b.         Legal, fiscal, administrative, and contingency costs.

c.         The fee imposed under G.S. 159G‑24 to obtain a loan orgrant for a project.

d.         A fee payable to the Department for a permit to implement aproject for which a loan or grant is obtained.

e.         The cost to acquire real property or an interest in realproperty.

(2)        CWSRF. – The Clean Water State Revolving Fund established inG.S. 159G‑22 as an account in the Water Infrastructure Fund.

(3)        Department. – The Department of Environment and NaturalResources.

(4)        Division of Environmental Health. – The Division ofEnvironmental Health of the Department of Environment and Natural Resources.

(5)        Division of Water Quality. – The Division of Water Qualityof the Department of Environment and Natural Resources.

(6)        Drinking Water Reserve. – The Drinking Water Reserveestablished in G.S. 159G‑22 as an account in the Water InfrastructureFund.

(7)        DWSRF. – The Drinking Water State Revolving Fund establishedin G.S. 159G‑22 as an account in the Water Infrastructure Fund.

(8)        Grant. – A sum of money given to an applicant without anyobligation on the part of the applicant to repay the sum.

(9)        High‑unit‑cost project. – A project that resultsin an estimated average household user fee for water and sewer service in thearea served by the project in excess of the high‑unit‑costthreshold. The average household user fee is calculated for a continuous 12‑monthperiod.

(10)      High‑unit‑cost threshold. – Either of thefollowing amounts determined on the basis of data from the most recent federaldecennial census and updated by the U.S. Department of Housing and UrbanDevelopment's annual estimated income adjustment factors:

a.         One and one‑half percent (1.5%) of the medianhousehold income in an area that receives both water and sewer service.

b.         Three‑fourths of one percent (¾%) of the medianhousehold income in an area that receives only water service or only sewerservice.

(11)      Loan. – A sum of money loaned to an applicant with anobligation on the part of the applicant to repay the sum.

(12)      Local Government Commission. – The Local Government Commissionof the Department of the State Treasurer, established in G.S. 159‑3.

(13)      Local government unit. – Any of the following:

a.         A city as defined in G.S. 160A‑1.

b.         A county.

c.         A consolidated city‑county as defined in G.S. 160B‑2.

d.         A county water and sewer district created pursuant toArticle 6 of Chapter 162A of the General Statutes.

e.         A metropolitan sewerage district or a metropolitan waterdistrict created pursuant to Article 4 of Chapter 162A of the General Statutes.

f.          A water and sewer authority created under Article 1 ofChapter 162A of the General Statutes.

g.         A sanitary district created pursuant to Part 2 of Article 2of Chapter 130A of the General Statutes.

h.         A joint agency created pursuant to Part 1 of Article 20 ofChapter 160A of the General Statutes.

i.          A joint agency that was created by agreement between twocities and towns to operate an airport pursuant to G.S. 63‑56 and thatprovided drinking water and wastewater services off the airport premises before1 January 1995.

(14)      Nonprofit water corporation. – A nonprofit corporation thatis incorporated under Chapter 55A of the General Statutes solely for thepurpose of providing drinking water or wastewater services and is an eligibleapplicant for a federal loan or grant from the Rural Utility Services Division,U.S. Department of Agriculture.

(15)      Public water system. – Defined in G.S. 130A‑313.

(16)      Reserved.

(17)      Reserved.

(18)      Secretary. – The Secretary of Environment and NaturalResources.

(19)      State. – The State of North Carolina.

(20)      Stormwater quality project. – A project whose primary purposeis to prevent or remove pollution from stormwater rather than collect, store,or convey stormwater for drainage or flood control purposes.

(21)      Targeted interest rate project. – Either of the followingtypes of projects:

a.         A high‑unit‑cost project that is awarded a loan.

b.         A project that is awarded a loan from the CWSRF or the DWSRFand is in a category for which federal law encourages a special focus.

(22)      Treasurer. – The Treasurer of the State elected pursuant toArticle III, Section 7, of the Constitution.

(23)      Wastewater collection system. – A unified system of pipes,conduits, pumping stations, force mains, and appurtenances for collecting andtransmitting water‑carried human wastes and other wastewater fromresidences, industrial establishments, or any other buildings.

(24)      Wastewater Reserve. – The Wastewater Reserve established inG.S. 159G‑22 as an account in the Water Infrastructure Fund.

(25)      Wastewater system. – A wastewater collection system,wastewater treatment works, stormwater quality project, or nonpoint sourcepollution project.

(26)      Wastewater treatment works. – The various facilities anddevices used in the treatment of sewage, industrial waste, or other wastes of aliquid nature, including the necessary interceptor sewers, outfall sewers,nutrient removal equipment, pumping equipment, power and other equipment, andtheir appurtenances.

(27)      Water Infrastructure Fund. – The fund established in G.S.159G‑22. (2005‑454, s. 3.)