Washington Administrative Code

If a dispute arises concerning eligibility decisions made by the department within the context of a loan agreement, the decision may be appealed. A lawsuit cannot be brought to superior court unless the aggrieved party follows these procedures, which are intended to encourage the…

The department, or at the department's discretion another authorized auditor, may audit the grant or loan agreement and records.[Statutory Authority: Chapters 90.50A and 70.146 RCW. WSR 17-17-040 (Order 16-04), § 173-95A-820, filed 8/9/17, effective 9/9/17. Statutory Authority: R…

The purpose of this chapter is to set forth requirements for the Washington state department of ecology's (department) administration of Washington state's water pollution control revolving fund (revolving fund), and the water pollution control revolving administration account (a…

(1) Where possible, the department combines the management of the revolving fund with other funding programs, such as the centennial clean water program, the stormwater financial assistance program, and the federal Clean Water Act section 319 nonpoint source program.(2) The integ…

For the purposes of this chapter:(1) Act means the federal Clean Water Act (33 U.S.C. 1251-1388).(2) Activities, see water pollution control activities.(3) Annual debt service means the amount of debt the applicant is obligated to pay on the loan in one year.(4) Applicant means a…

The revolving fund may be used for the following purposes:(1) To provide loans to finance the planning, design, and/or construction of water pollution control facilities;(2) To provide loans for nonpoint source pollution control management projects that implement the Washington's…

Certain projects or project elements may be eligible for loan assistance including, but not limited to, the following:(1) Alternative public works contracting for water pollution control facilities allowed under state statute including, but not limited to, design-build, design-bu…

Certain projects or project elements are not eligible for loan assistance including, but not limited to, the following:(1) Abandonment or demolition of existing structures not interfering with proposed construction of a wastewater or stormwater treatment facility;(2) Aquatic plan…

(1) To apply for funding, the applicant must submit a completed application to the department. The department will provide the application on the department website.(2) Minimum score on application.(a) An applicant must receive a minimum score equal to fifty percent of the availa…

(1) A general funding cycle schedule is provided in Figure 1.(2) In general, the department will provide the following services, although modifications may be made to accommodate legislative schedules and requirements:(a) Make available the application and applicable guidelines b…

Loan offers identified on the Final Offer and Applicant List will be effective for up to one year from the publication date of the Final Offer and Applicant List. Loan offers that do not result in a signed agreement or a letter of binding commitment may be ended.[Statutory Author…

(1) As required by the EPA, the department issues a Draft IUP and a FinalIUP for each funding cycle.(2) The IUP contains a detailed report of how the department expects to allocate funds available in the current funding cycle.[Statutory Authority: Chapters 90.50A and 70.146 RCW. …

(1) There are three primary factors considered in determining hardship funding for the construction portion of wastewater treatment facilities projects:(a) Service area population;(b) Existing residential need at the time of application; and(c) Level of financial burden placed on…

(1) Applicants may apply for a revolving fund loan to establish or continue programs that provide funding for on-site sewage repair and replacement for homeowners and small commercial enterprises.(2) Final loan blended interest rate. The department may adjust the recipient's inte…

Forgivable principal. The department will use Table 3 to determine the amount of forgivable principal loan funding provided to an eligible hardship project. Financial hardship will be determined based on the provisions in WAC 173-98-300 and the ceiling amounts in WAC 173-98-520. …

(1) An applicant will be considered for hardship funding when submitting a funding application if the service area population is twenty-five thousand or less and the MHI is less than eighty percent of the state MHI.(2) If the service area population is different from the populati…

(1) Interest will accrue on each disbursement as it is paid to the recipient. This is "deferred interest." Deferred interest is added to the principal at project completion.(2) The department bases loan interest rates on the average market interest rate. The average market intere…

(1) There are two kinds of refinance with different rules: Standard refinance and interim refinance.(2) Standard refinance refers to a completed project funded with funds from a source other than the department. It is limited to water pollution control facilities where project co…

(1) No defeasance is allowed as long as the department holds the loan.(2) Defeasance means setting money aside in a special account that is dedicated to pay all or some of the principal and interest on a debt when it comes due.[Statutory Authority: RCW 90.48.035. WSR 07-14-096 (O…

When a project is complete and all disbursements are made, the department will execute a final amendment that will include:(1) A final loan repayment schedule that reflects the length of repayment terms and the principal from disbursements and accrued interest;(2) The first repay…

Loans shall be secured by a general obligation pledge or a revenue pledge of the recipient. The obligation of the recipient to make loan repayments from the sources identified in its revolving fund loan agreement shall be absolute and unconditional, and shall not be subject to di…

The department may require a recipient to create a reserve account to secure the payment of the principal and interest on the revolving fund loan.[Statutory Authority: Chapters 90.50A and 70.146 RCW. WSR 17-17-040 (Order 16-04), § 173-98-450, filed 8/9/17, effective 9/9/17. Statu…

In the event of loan default, the state of Washington may withhold any amounts due to the recipient from the state for other purposes. The funds will be applied to the debt.[Statutory Authority: Chapters 90.50A and 70.146 RCW. WSR 17-17-040 (Order 16-04), § 173-98-460, filed 8/9/…

A late fee of one percent per month on the past due amount may be assessed starting on the date the debt becomes past due and until it is paid in full.[Statutory Authority: Chapters 90.50A and 70.146 RCW. WSR 17-17-040 (Order 16-04), § 173-98-470, filed 8/9/17, effective 9/9/17. …

(1) The revolving fund is divided into three funding categories:(a) Water pollution control facilities category: Seventy-five percent of the revolving fund will be available for facilities projects;(b) Preconstruction category: Five percent of the revolving fund will be available…

(1) Where applicable, the recipient must acknowledge department and EPA funding in reports, technical documents, publications, brochures, and other materials.(2) Where applicable, the recipient must acknowledge department and EPA funding for site-specific projects by one of the f…

(1) Green project reserve: The ceiling amount for forgivable principal provided for eligible green project reserve projects is up to twenty-five percent of the total green project reserve-eligible portion of the project costs.(2) Preconstruction category:(a) No more than twenty p…

(1) The step process is required for wastewater facilities projects. The process begins with site-specific planning, and continues through design to construction.(2) For steps one through three, an applicant may only apply for funding for one step of the process at a time. Fundin…

The following process is required for lake projects and recommended for all water pollution control activities projects.(1) Planning involves the identification of problems, evaluation of cost-effective alternatives in accordance with WAC 173-98-730, and preparation of a planning…

Eligibility. Only applicants with a population of twenty-five thousand or less and a median household income below the state median household income are eligible for funding in the preconstruction category.[Statutory Authority: Chapter 90.50A RCW, RCW 90.48.035, and 43.21A.080. W…

Alternative public works contracting projects must be consistent with the applicable sections of chapter 39.10 RCW, Alternative public works contracting procedures, chapter 70.150 RCW, Water Quality Joint Development Act, and/or chapter 35.58 RCW, Metropolitan municipal corporati…

(1) Recipients must fully comply with all applicable federal, state, and local laws and rules relating to topics such as procurement, discrimination, labor, job safety, drug-free environments, and minority and women owned businesses.(2) Ongoing management of most aspects of loan …

(1) A county, city, or town that has been offered a loan for a water pollution control facilities project may not receive loan funds while the county, city, or town is not in compliance with the Growth Management Act unless:(a) Documentation showing that a public health need has …

(1) All recipients of funding for water pollution control facility projects must comply with the SERP.(2) SERP includes all the provisions of the State Environmental Policy Act (SEPA), chapter 43.21C RCW, and the SEPA rules, chapter 197-11 WAC, and applicable federal requirements…

(1) Funding will only be considered if a project is shown to be the cost-effective alternative/solution to a water quality problem and that the project maximizes the potential for energy conservation and efficient water use, reuse, recapture, and conservation. The cost-effective …

(1) Project initiation. Loan funds must be spent in a timely fashion. The recipient must consistently meet the performance measures agreed to in the loan agreement. These performance measures include, but are not limited to, the following:(a) Work on a project must be started wit…

Costs incurred after the project completion or expiration dates are not eligible for reimbursement.(1) Project completion.(a) Work on a project must be completed within five years of the publication date of the Final Offer and Applicant List on which the project was proposed. A s…

(1) The department may require a recipient to develop and implement a postproject assessment plan.(2) A recipient may be required to participate in a postproject survey and interview regarding performance measures.[Statutory Authority: Chapter 90.50A RCW, RCW 90.48.035, and 43.21…

(1) The act requires that the revolving fund be managed in perpetuity.(2) The department will strive to achieve perpetuity, as defined by WAC 173-98-030.[Statutory Authority: Chapters 90.50A and 70.146 RCW. WSR 17-17-040 (Order 16-04), § 173-98-900, filed 8/9/17, effective 9/9/17…

(1) Recipients must maintain accurate records and accounts for the project in accordance with generally accepted accounting principles (GAAP) as issued by the Governmental Accounting Standards Board (GASB), including standards related to the reporting of infrastructure assets, or…

If a dispute arises concerning eligibility decisions made by the department within the context of a loan agreement, the decision may be appealed. A lawsuit cannot be brought to superior court unless the aggrieved party follows these procedures, which are intended to encourage the…

The department, or at the department's discretion, another authorized auditor may audit the revolving fund loan agreement and records.[Statutory Authority: RCW 90.48.035. WSR 07-14-096 (Order 05-16), § 173-98-930, filed 6/29/07, effective 7/30/07.]

Recipients shall maintain comprehensive insurance coverage on the project for an amount equal to the funds disbursed.[Statutory Authority: Chapters 90.50A and 70.146 RCW. WSR 17-17-040 (Order 16-04), § 173-98-940, filed 8/9/17, effective 9/9/17. Statutory Authority: RCW 90.48.035…

To the extent that the Constitution and laws of the state of Washington permit, the recipient shall indemnify and hold the department harmless from and against any liability for any or all injuries to persons or property arising out of a project funded with a revolving fund loan …

Recipients may sell facilities financed with the revolving fund to private enterprises. However, the revolving fund loan agreement must be terminated and the revolving fund loan must be repaid immediately upon the sale of that facility.[Statutory Authority: RCW 90.48.035. WSR 07-…

(1) The department may authorize a recipient to certify compliance with selected program requirements. The recipient must:(a) Request certification authority;(b) Document that it has the capability and resources;(c) Document that it is in the best interest of the state; and(d) De…

Adoption of model rules of procedure. The model rules of procedure adopted by the chief administrative law judge pursuant to RCW 34.05.250, as now or hereafter amended, are hereby adopted for use at The Evergreen State College. Those rules may be found at chapter 10-08 WAC. Other…

These rules govern motorcycle and motor vehicle parking at The Evergreen State College (college). The purpose of these rules is to facilitate campus safety and access. Specifically, these rules are intended:(1) To expedite college business, protect state property, provide maximum…

Drivers and owners of vehicles on the property of the college are responsible for safe and lawful operation of those vehicles. Individuals operating or parking vehicles on college-owned property must at all times comply with the campus regulations, ordinances of Thurston County a…

(1) The college through its board of trustees is authorized to establish traffic and parking regulations as stated in RCW 28B.10.560.(2) The college is authorized to issue permits, as defined in WAC 174-116-240, to park on the campus. All outstanding college parking violations mu…