2005 North Carolina Code - General Statutes § 159G-20. Definitions.

Article 1.

General Provisions.

§ 159G‑20.  Definitions.

The following definitions apply in this Chapter:

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

a.         Excess or reserve capacity costs attributable to no more than 20‑year projected domestic growth plus ten percent (10%) unspecified industrial growth.

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

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

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

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

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

(3)       Department. – The Department of Environment and Natural Resources.

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

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

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

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

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

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

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

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

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

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

(12)     Local Government Commission. – The Local Government Commission of 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 to Article 6 of Chapter 162A of the General Statutes.

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

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

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

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

i.          A joint agency that was created by agreement between two cities and towns to operate an airport pursuant to G.S. 63‑56 and that provided drinking water and wastewater services off the airport premises before 1 January 1995.

(14)     Nonprofit water corporation. – A nonprofit corporation that is incorporated under Chapter 55A of the General Statutes solely for the purpose of providing drinking water or wastewater services and is an eligible applicant 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 Natural Resources.

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

(20)     Stormwater quality project. – A project whose primary purpose is 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 following types 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 DWSRF and is in a category for which federal law encourages a special focus.

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

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

(24)     Wastewater Reserve. – The Wastewater Reserve established in G.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 source pollution project.

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

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