Nevada Administrative Code (Last Updated: January 6, 2015) |
Chapter445A Water Controls |
ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS |
Filing, Review and Approval of Applications for Financial Assistance |
NAC445A.67613. Filing and contents of application; submission of additional information.
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1. An applicant may make a formal request for financial assistance from the Account for the Revolving Fund by filing with the Division an application at any time after the applicant has filed the letter of intent pursuant to the provisions of NAC 445A.67578.
2. An application for a short-term loan submitted pursuant to NAC 445A.67562 must include, without limitation:
(a) The name, address and telephone number of the applicant or a legal representative of the applicant;
(b) A brief description of the proposed water project, including, without limitation, its effect on the public water system;
(c) A brief description of the need for water project planning, design and other related costs;
(d) The estimated costs for the request;
(e) Information necessary to understand the alternatives to be considered and their environmental impact;
(f) Information necessary for the Division to determine how the loan is to be repaid; and
(g) Any other information deemed necessary by the Division.
3. An application for a long-term loan submitted pursuant to NAC 445A.67561 must include, without limitation:
(a) The name, address and telephone number of the applicant or the legal representative of the applicant.
(b) A brief description of the proposed water project, including, without limitation, its anticipated effect on the public water system.
(c) The number of service connections and estimated population currently served by the applicant.
(d) An estimate of the number of service connections and future population to be served by the water project for the useful life of the water project.
(e) Maps of appropriate scale to show clearly the location of the proposed water project with respect to other identifiable topographical or geographical features in the service area of the public water system.
(f) A complete and legible legal description of the entire area of service for the water project improvement, including, without limitation, a map showing the layout of the water project with clear reference to aerial or other maps showing sections and townships.
(g) Proof of ownership, rights-of-way, easements or agreements showing that the applicant holds or is able to acquire all land, other than public land, or acquire interests therein and any water rights necessary for the construction of the proposed water project. Copies of deeds to land to be occupied, records of surveys, easements, agreements or permits to appropriate water granted pursuant to chapters 533 and 534 of NRS may be used as evidence of ownership.
(h) A description of how the water project complies with planning and zoning requirements.
(i) A copy of the current plan of water conservation adopted by the applicant pursuant to NRS 540.121 to 540.151, inclusive, or 704.662, 704.6622 and 704.6624, as applicable, and an analysis of the effectiveness of the plan.
(j) A description of the best available technology for the water project being proposed.
(k) An itemized estimate of the total cost of the water project that is prepared by a professional engineer.
(l) Information sufficient to demonstrate, through a systematic and cost-effective analysis of alternatives that are feasible, that the alternative selected is the most effective means of meeting the applicable water quality and public health requirements over the design life of the facility.
(m) A preliminary water project schedule that provides a timetable for:
(1) Advertising and opening bids;
(2) The start of the construction phase;
(3) The estimated schedule of progress payments to the contractor and other costs related to the drawdown of funds in the Account for the Revolving Fund;
(4) Completion of the construction phase; and
(5) Initiation of the operation of the water project.
(n) A description of how the costs for capital construction, operation and maintenance and costs for debt service to support the loan will be recovered, including, without limitation:
(1) A proposed revenue program that demonstrates the cost effect on users of the public water system, including, without limitation, any connection fees or changes in user charges;
(2) Orders or resolutions specifying the method of loan repayment from the appropriate governing board, regulatory agency or local governing body having rate jurisdiction;
(3) Contractual loan agreements; or
(4) Any other information necessary for the Division to understand how the applicant intends to repay the loan.
(o) Estimated costs of future expansion and long-term needs for reconstruction of facilities following their design life.
(p) A summary of public participation in the development of the proposed water project.
(q) Institutional and management arrangements required for successful implementation of the water project.
(r) A report on the status of the process of environmental review for the project.
(s) A list of any required permits and a schedule of when those permits will be obtained.
(t) The financial history of the applicant, including, without limitation, annual financial statements for the preceding 3 years.
(u) Financial projections for a period of at least 5 years after the completion of the water project, including, without limitation, projected revenue and expenses.
(v) A list of previously approved loans to the applicant within the past 10 years, including, without limitation, the terms and conditions of payment and a statement of the remaining balances of any outstanding loans.
(w) If the water project is for a public water system that is privately owned, at least three credit references.
(x) Copies of current capital improvement plans and debt management policies as provided to the Department of Taxation pursuant to chapter 350 of NRS and any applicable regulation.
(y) Security for the loan, if applicable.
(z) Evidence that the public water system has the capability to comply with the Safe Drinking Water Act and NAC 445A.450 to 445A.6731, inclusive.
4. To ensure a complete application, the applicant shall submit any other information deemed necessary by the Division.
5. The information required pursuant to paragraph (l) of subsection 3 must include, without limitation:
(a) A description of how the alternatives listed will meet the water quality and public health needs, including, without limitation, an estimate of any future growth expected after the water project becomes operational;
(b) An estimate of how improving the operations, maintenance and efficiency of existing facilities will improve the performance of the public water system compared to how much the performance would be improved by constructing new facilities;
(c) A description of any opportunities the water project will provide to reduce the use of energy or to recover energy;
(d) An estimate of the total capital costs and the annual operation and maintenance costs; and
(e) An estimate of the annual or monthly costs to residential, commercial and industrial users during the 20 years after completion of the water project.
6. An applicant shall consider the present worth or equivalent annual value of all capital, operation and maintenance costs when satisfying the requirements of paragraph (l) of subsection 3.
7. The forecasts of population that an applicant provides pursuant to paragraph (l) of subsection 3 must be consistent with any forecasts of population that the state demographer has prepared.
8. As used in this section, “best available technology” means the technology, treatment technique or procedure that the EPA finds is the most appropriate and most cost-effective for solving a particular problem after examining the efficacy of the technology, technique or procedure under laboratory and field conditions.
(Added to NAC by Bd. of Health by R067-98, eff. 7-23-98; A by Environmental Comm’n by R128-04, 2-14-2005)