Section 965.1. Definitions

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

Ad valorem tax—A tax based on the value of real property.

Affirmative performance certificate—A certification by the borrower 1 year following the date of initiation of operation stating that the wastewater treatment portion of the project is capable of meeting the design specifications and effluent limitations in the NPDES Part I Permit.

CWSRF—Clean Water State Revolving Fund—The funding account established in accordance with the requirements of both the act and the Water Quality Act for the purpose of establishing an environmental infrastructure revolving loan program.

Capital financing plan—A 10-year plan which projects future requirements for wastewater treatment service within the applicant’s jurisdiction which includes a description of necessary future expansions or reconstruction for wastewater treatment services, or both, and how this future expansion or reconstruction will be financed.

Corrective action report—A report submitted by the borrower if an affirmative performance certification cannot be provided following the 1-year performance period containing an analysis of the causes of the inability to certify, a schedule for the necessary corrective actions and a date that an affirmative performance certification is expected.

General facilities plan—The plans and studies which directly relate to sewerage facilities and which are needed to comply with the Water Quality Act and The Clean Streams Law.

IUP—Intended Use Plan—A plan identifying the intended uses of the moneys in the CWSRF and describing how those uses support the goals of the CWSRF.

Infiltration—Groundwater entering a sewer system through broken pipes, defective pipe joints or illegal connections of foundation drains.

Inflow—Surface water runoff that enters a sewer system through manhole covers; exposed, broken and defective pipe joints; cross connections between storm sewers and sanitary sewers; and illegal connections of roof leaders, cellar drains, yard drains or catch basins.

Initiation of operation—The date specified by the borrower when the project begins operation for the use for which it was planned, designed and built. The term includes only essential facilities considered functional and does not include nonoperational facilities such as landscaping which may not be or have been completed.

NEPA—The National Environmental Policy Act of 1969 (42 U.S.C.A. § § 4321—4347)

NPDES permit—A National Pollutant Discharge Elimination System permit. A permit issued by the Department of Environmental Protection under section 5 of The Clean Streams Law (35 P. S. § 691.5) and section 402 of the Clean Water Act (33 U.S.C.A. § 1342).

Project priority list—The list of identified public sewerage project needs in this Commonwealth established in accordance with Chapter 103 (relating to financial assistance).

SERP—State Environmental Review Processes—Processes based upon adopted State regulations set forth in Chapters 71, 109, 963 and 965 which include procedures substantially equivalent to a NEPA review, as described by 40 CFR Part 6, Subparts A—E.

Sewer use ordinance—An ordinance or resolution adopted by a governmental unit establishing the requirements for the users of the sewerage facilities. The requirements include:

(i) The prohibition of new connections from inflow sources.

(ii) The design and construction of new connections in accordance with local municipal plumbing codes.

(iii) Wastewater may not contain toxics or pollutants in amounts which endanger public safety or the physical integrity of the sewerage facilities as determined by criteria in 40 CFR Part 403 (relating to general pretreatment regulations for existing and new sources of pollution).

(iv) The prohibition against violations of effluent limits or water quality limits as outlined in the NPDES permit.

User charge system—The method by which charges are levied on users of sewerage systems, or that portion of the ad valorem taxes paid by a user, for the user’s proportionate share of the cost of debt service, operation and maintenance (including replacement) of that system. The user’s proportionate share shall be based on the ratio of the user’s contribution to the total wastewater loading from all users. The user charge system shall also include the following:

(i) A provision that each user will receive annual written notice of the user rate which may be in the form of a bill or a form satisfactory to the Authority.

(ii) A provision for a financial management system which will accurately account for revenues and expenditures of the sewer system.

Water Quality Act—The Water Quality Act of 1987 (33 U.S.C.A. § § 1251—1387).