§ 1383. Water pollution control revolving loan funds
(b)
Administration
Each State water pollution control revolving fund shall be administered by an instrumentality of the State with such powers and limitations as may be required to operate such fund in accordance with the requirements and objectives of this chapter.
(c)
Projects eligible for assistance
The amounts of funds available to each State water pollution control revolving fund shall be used only for providing financial assistance
(1)
to any municipality, intermunicipal, interstate, or State agency for construction of publicly owned treatment works (as defined in section
1292 of this title),
(2)
for the implementation of a management program established under section
1329 of this title, and
(3)
for development and implementation of a conservation and management plan under section
1330 of this title. The fund shall be established, maintained, and credited with repayments, and the fund balance shall be available in perpetuity for providing such financial assistance.
(d)
Types of assistance
Except as otherwise limited by State law, a water pollution control revolving fund of a State under this section may be used only—
(1)
to make loans, on the condition that—
(A)
such loans are made at or below market interest rates, including interest free loans, at terms not to exceed 20 years;
(B)
annual principal and interest payments will commence not later than 1 year after completion of any project and all loans will be fully amortized not later than 20 years after project completion;
(2)
to buy or refinance the debt obligation of municipalities and intermunicipal and interstate agencies within the State at or below market rates, where such debt obligations were incurred after March 7, 1985;
(3)
to guarantee, or purchase insurance for, local obligations where such action would improve credit market access or reduce interest rates;
(4)
as a source of revenue or security for the payment of principal and interest on revenue or general obligation bonds issued by the State if the proceeds of the sale of such bonds will be deposited in the fund;
(e)
Limitation to prevent double benefits
If a State makes, from its water pollution revolving fund, a loan which will finance the cost of facility planning and the preparation of plans, specifications, and estimates for construction of publicly owned treatment works, the State shall ensure that if the recipient of such loan receives a grant under section
1281
(g) of this title for construction of such treatment works and an allowance under section
1281
(l)(1) of this title for non-Federal funds expended for such planning and preparation, such recipient will promptly repay such loan to the extent of such allowance.
(g)
Priority list requirement
The State may provide financial assistance from its water pollution control revolving fund only with respect to a project for construction of a treatment works described in subsection (c)(1) of this section if such project is on the State’s priority list under section
1296 of this title. Such assistance may be provided regardless of the rank of such project on such list.
(h)
Eligibility of non-Federal share of construction grant projects
A State water pollution control revolving fund may provide assistance (other than under subsection (d)(1) of this section) to a municipality or intermunicipal or interstate agency with respect to the non-Federal share of the costs of a treatment works project for which such municipality or agency is receiving assistance from the Administrator under any other authority only if such assistance is necessary to allow such project to proceed.