Arkansas Administrative Code

15 CAR § 24-404. Project maintained for project life. (a)(1) All projects or practices constructed or installed under this program shall be properly maintained for the predetermined project life. (2) Project maintenance shall be the responsibility of the applicant. (b) If a proje…

15 CAR § 24-501. Projects and practices approved by the United States Department of Agriculture. All projects and practices approved for Arkansas by the United States Department of Agriculture shall: (1) Qualify as an approved water conservation and development project; and (2) B…

15 CAR § 24-502. Projects and practices approved by the director. The Director of the Natural Resources Division of the Department of Agriculture may approve certain classes of projects and practices as water conservation and development projects eligible for cost-sharing under t…

15 CAR § 24-503. Specific project approval. (a) An applicant wishing to develop a project or practice not being approved under 15 CAR § 24-501 or 15 CAR § 24-502 may request approval of the project from the Director of the Natural Resources Division of the Department of Agricultu…

15 CAR § 24-601. Cost-share agreement. (a) Within sixty (60) days after approval of an application, or if application is approved subject to availability of funds sixty (60) days after applicant is notified that funds are available, the applicant must enter into a cost-share agre…

15 CAR § 24-602. Supplemental design, construction, or operation information. The district or Department of Agriculture may require additional information concerning design, construction, or operation of the project or practice at any time.

15 CAR § 24-603. Payment request and certification. (a) Upon final inspection and approval of the project or practice by the Department of Agriculture or district, the applicant may request payment of cost-share funds. (b) This request shall be in a form approved by the Director …

15 CAR § 24-604. Payment of cost-share funds. Upon satisfactory review and approval, the Department of Agriculture or district shall make the proper payment to the applicant.

15 CAR § 25-101. Authority and scope. (a) This part has been promulgated and adopted by the Arkansas Natural Resources Commission (the "commission") pursuant to and as authorized by Acts 1997, No. 772, (the "act"), and as otherwise authorized under the general laws of the State o…

15 CAR § 25-102. Policy statement, interpretation, and application of rules. (a)(1) It is the duty and policy of the Arkansas Natural Resources Commission to fully and expeditiously implement and administer the objectives, purposes, and intent of the Safe Drinking Water Fund (the…

15 CAR § 25-103. Definitions. Unless the context otherwise requires, the use of certain capitalized words and terms herein that are not otherwise defined shall refer to the meanings of such words and terms as provided in Acts 1997, No. 772.

15 CAR § 25-201. General procedure. The general procedure to be followed in the loan application, review, and consideration process shall be as follows: (1)(A) All proposed water system projects (hereinafter “projects” or singular “project”) must be considered, in order, from the…

15 CAR § 25-202. Commission action. (a) After reviewing and considering the submitted application, the Arkansas Natural Resources Commission may proceed to take one (1) of the following alternative forms of commission action on the application: (1) The commission may approve the …

15 CAR § 25-301. Application content. (a) The Arkansas Natural Resources Commission provides application forms for Safe Drinking Water Fund loans. (b) All applications must be written and consistent with the requirements stated under this subpart. (c) Four (4) copies of the appli…

15 CAR § 25-302. Required information. (a) The following general information, where deemed by the Arkansas Natural Resources Commission to be applicable to the applicant and the project under consideration, will be provided by managerial, technical, and financial capability. (b) …

15 CAR § 25-303. Additional information for reservoir projects. Where a loan is sought in connection with an existing reservoir, the following additional information must be submitted with the application: (1) The application should contain a description of all estimated firm ann…

15 CAR § 25-304. Supplemental information. The Arkansas Natural Resources Commission reserves the right to require the applicant to submit such further or additional project information as may be deemed necessary for project review under the particular facts and circumstances of …

15 CAR § 25-305. Application verification and approval as to legality. (a) All applications for loans shall contain the following statement signed by the chief executive officer of the applicant: "To the best of my knowledge, all statements of fact contained herein are true and c…

15 CAR § 25-401. General approval standards and criteria. In the review and consideration of applications for a loan, the Arkansas Natural Resources Commission shall give consideration to the following general and nonexclusive criteria for application approval: (1) Compliance wit…

15 CAR § 25-402. Length of loans. (a) For applicants with median household incomes (as determined by the United States Bureau of the Census) greater than the state average median household income, the maximum length of loan will be twenty (20) years or the life of the project, wh…

15 CAR § 25-403. Criteria applicable to establishment of other terms and conditions for loans. In establishing the debt service reserve fund, depreciation reserve fund, or other terms and conditions, the Arkansas Natural Resources Commission may consider the following: (1) Health…

15 CAR § 25-404. Criteria applicability. (a) The general criteria set forth in this subpart are intended to constitute and shall constitute general guidelines and standards for application review and consideration by the Arkansas Natural Resources Commission. (b) Such criteria sh…

15 CAR § 25-501. Conditions for disbursements. (a) After an application for a loan has been approved by the Arkansas Natural Resources Commission, the following conditions and requirements shall be met prior to the release and disbursement of any assistance funds: (1) Unless othe…

15 CAR § 25-502. Increases in loan. (a) With respect to approved applications from the Safe Drinking Water Fund, the Director of the Arkansas Natural Resources Commission shall have the discretionary authority to increase the amount of the loan to the applicant by the greater of …

15 CAR § 25-503. Deobligation. (a) The Director of the Arkansas Natural Resources Commission shall have the discretionary authority to deobligate funds approved by the Arkansas Natural Resources Commission for the loan to an applicant without returning to the commission for its a…

15 CAR § 25-601. Inspection of works, technical, and financial records.By making application to the Arkansas Natural Resources Commission, the applicant will be deemed to consent and agree to the following: (1) Facility inspection. From time of application throughout construction…

15 CAR § 25-602. Project modifications. (a) After an application for a loan has been approved by the Arkansas Natural Resources Commission and after the Director of the Arkansas Natural Resources Commission has reviewed and approved an applicant's plans and specifications for the…

15 CAR § 25-603. Records public. All records of the Arkansas Natural Resources Commission relating to the funds contemplated within this part shall be public records available for public inspection by any interested person at reasonable times and in a reasonable manner.

15 CAR § 25-604. Administrative fees, loan rates, and terms for Safe Drinking Water Fund loans. (a) Applicants receiving a loan from the Safe Drinking Water Fund shall pay to the Arkansas Natural Resources Commission an administrative fee of three percent (3%) of the amount of th…

15 CAR § 25-605. Sanctions. (a) The Arkansas Natural Resources Commission may, upon written recommendation of the Director of the Arkansas Natural Resources Commission, penalize applicants who: (1) Voluntarily withdraw their application from the Safe Drinking Water Fund subsequen…

15 CAR § 25-606. Project completion, inspection, and audit. (a) Upon completion of any project for which a loan has been provided, the applicant or its engineer shall furnish to the Arkansas Natural Resources Commission written notification of completion. (b) Upon receipt of such…

15 CAR § 25-607. Return of funds to commission. (a)(1) Loan funds made available to an applicant by the Arkansas Natural Resources Commission shall be used and expended by the applicant solely and exclusively for the payment of authorized and allowable costs and expenses of the p…

15 CAR § 25-608. Late payments. (a) As provided in all loan agreements entered into with respect to a loan from the Safe Drinking Water Fund, there is a seven-day grace period for lease or loan payments due. (b) After the expiration of the grace period, interest at the rate state…

15 CAR § 25-609. Conveyance of ownership/release of secured interest to eligible entity when project cost repaid. Upon repayment to the Arkansas Natural Resources Commission of all project costs and/or such other payments, fees, and charges as may be required to be paid to the co…

15 CAR § 25-610. Debt service fund, when required. (a)(1) A debt service reserve fund, when required to be funded by the Arkansas Natural Resources Commission, will be a restricted account, established and maintained by a third-party trustee or the applicant, as approved by the D…

15 CAR § 25-611. Depreciation reserve fund. (a) The depreciation reserve fund will be a restricted account, established and maintained by a third-party trustee or the applicant, as approved by the Director of the Arkansas Natural Resources Commission. (b) This reserve fund is for…

15 CAR § 25-701. References to eligible entities. All of the entities set out in this subpart are collectively referred to in this part as "eligible entities".

15 CAR § 25-702. Entities eligible for assistance under the Safe Drinking Water Fund. The loans made available under the Safe Drinking Water Fund may be obtained for an eligible project by any: (1) Duly constituted and existing political subdivision of the state, including but no…

15 CAR § 25-703. Combination of eligible entities. For purposes of qualifying for and obtaining the loan contemplated herein, any group of eligible entities may combine and join in making application for the project loan, provided each separate entity within the group is an eligi…

15 CAR § 25-704. Nature of project ownership. (a) The Arkansas Natural Resources Commission shall obtain a secured interest in all projects developed pursuant to the Safe Drinking Water Fund. (b) Accordingly, and as more specifically provided in 15 CAR § 25-501, as a condition of…

15 CAR § 25-705. Project costs for which assistance funds may be expended. (a) Funds made available by the Arkansas Natural Resources Commission to an applicant for an approved project shall be utilized and expended only toward payment and financing of project costs, as approved …

15 CAR § 25-706. Granting of secured interest or ownership. (a) For an approved application and project, the Arkansas Natural Resources Commission is authorized to advance funds in the form of progress payments for the project. (b) Payment requests must be accompanied by appropri…

15 CAR § 25-707. Assets to be conveyed. (a) A secured interest in all assets constituting part of a project financed with funds must be assigned to the Arkansas Natural Resources Commission at the time of disbursement of such funds. (b) A secured interest may be assigned to the c…

15 CAR § 25-708. Maximum participation. The Arkansas Natural Resources Commission may make a loan to an eligible entity in an amount equal to the total project cost.

15 CAR § 26-1001. Purpose. The information in this subpart represents Arkansas Natural Resources Commission policies and procedures for deciding the eligibility of project costs based on the requirements of this part and the Clean Water Act, as amended.

15 CAR § 26-1002. Introduction. (a)(1) This cost information applies to loan assistance awarded from the CWRLF program. (2) Project cost determinations are not limited to the items listed in this subpart. (3) Additional cost determinations based on applicable law and regulations …

15 CAR § 26-1003. Equivalency projects. (a) Those projects designated as equivalency projects by the Arkansas Natural Resources Commission staff under 15 CAR § 26-201 must comply with Section 602(b)(6) of the Act. (b) Under this section of the Act, costs such as land for the trea…

15 CAR § 26-1004. Allowable categories of work. (a) Eligible categories of work include the cost for: (1) Building secondary and advanced wastewater treatment facilities to meet the enforceable requirements of the Act and to meet Rules Establishing Water Quality Standards for Sur…

15 CAR § 26-1005. Costs related to contracts. Eligible costs related to contracts include: (1) The costs, including professional and engineering consultant services, for planning and design, including the cost for a sewer system evaluation survey if required, and obtaining loan f…

15 CAR § 26-1006. Mitigation. Eligible costs related to mitigation include: (1) Costs necessary to mitigate direct, adverse, physical impacts resulting from building of the wastewater facilities; and (2) The costs of land acquired for the mitigation of adverse environmental effec…