Terms Used In Michigan Laws 324.5308

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Assistance: means 1 or more of the following activities to the extent authorized by the federal water pollution control act:
    (i) Provision of loans to municipalities for construction of sewage treatment works projects, stormwater management projects, or nonpoint source projects. See Michigan Laws 324.5301
  • Authority: means the Michigan municipal bond authority created in the shared credit rating act, 1985 PA 227, MCL 141. See Michigan Laws 324.5301
  • Department: means the director of the department of natural resources or his or her designee to whom the director delegates a power or duty by written instrument. See Michigan Laws 324.301
  • Federal water pollution control act: means 33 USC 1251 to 1389. See Michigan Laws 324.5301
  • Fund: means the state water pollution control revolving fund established under section 16a of the shared credit rating act, 1985 PA 227, MCL 141. See Michigan Laws 324.5301
  • Fundable range: means those projects, taken in descending order on the priority lists, for which sufficient funds are estimated by the department to exist to provide assistance at the beginning of each annual funding cycle. See Michigan Laws 324.5301
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Municipality: means a city, village, county, township, authority, or other public body, including either of the following:
  •     (i) An intermunicipal agency of 2 or more municipalities, authorized or created under state law. See Michigan Laws 324.5301
  • Priority list: means the annual ranked listing of projects developed by the department in section 5303. See Michigan Laws 324.5301
  • Project: means a sewage treatment works project, stormwater management project, or nonpoint source project, or a combination of these and may include utilization of more efficient energy and resources as described in any of the following:
  •     (i) The cost-effective governmental energy use act, 2012 PA 625, MCL 18. See Michigan Laws 324.5301
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
  •     (1) To apply for assistance from the fund, a municipality shall submit the following, if applicable, as determined by the department:
        (a) If assistance is in the form of a loan, financial documentation that a dedicated source of revenue is established, consistent with municipal bond obligations existing at the time assistance is requested, and pledged to both of the following purposes:
        (i) If assistance is in the form of a loan, the timely repayment of the loan.
        (ii) Adequate revenues from a user-based source to fund the operation and maintenance of the project.
        (b) A planning document approved under section 5307.
        (c) A certification by an authorized representative of a municipality affirming that the municipality has the legal, managerial, institutional, and financial capability to build, operate, and maintain the project.
        (d) A letter of credit, insurance, or other credit enhancement to support the credit position of the municipality, as required by the department.
        (e) A set of plans and specifications suitable for bidding.
        (f) A certification from an authorized representative of the municipality that the applicant has, or will have before the start of construction, all applicable state and federal permits required for construction of the project.
        (g) A certified resolution from the municipality designating an authorized representative for the project.
        (h) A certification from an authorized representative of the municipality that an undisclosed fact or event, or pending litigation, will not materially or adversely affect the project, the prospects for the project’s completion, or the municipality’s ability to make timely loan repayments, if applicable.
        (i) All executed intermunicipal service agreements, if applicable.
        (j) An agreement that the municipality will operate the project in compliance with applicable state and federal laws.
        (k) An agreement that the municipality will not sell, lease, abandon, or otherwise dispose of the project without an effective assignment of obligations and the written approval of the department and the authority.
        (l) An agreement that all municipal project accounts will be maintained in accordance with generally accepted government accounting standards as defined and required under the federal water pollution control act.
        (m) An agreement that the municipality will provide written authorizations to the department for the purpose of examining the physical plant and for examining, reviewing, or auditing the operational or financial records of the project, and that the municipality will require similar authorizations from all contractors, consultants, or agents with which it negotiates an agreement.
        (n) An agreement that all municipal contracts with contractors will provide that the contractor and any subcontractor may be subject to a financial audit and that contractors and subcontractors shall comply with generally accepted governmental accounting standards.
        (o) An agreement that all pertinent records must be retained and available to the department for a minimum of 3 years after initiation of the operation and that if litigation, a claim, an appeal, or an audit is begun before the end of the 3-year period, records must be retained and available until the 3 years have passed or until the action is completed and resolved, whichever is longer. As used in this subdivision, “initiation of the operation” means the date certain set by the municipality and accepted by the department, on which use of the project begins for the purposes for which it was constructed.
        (p) If the project is segmented as provided in section 5309, a schedule for completion of the project and adequate assurance that the project will be completed with or without assistance from the fund or that the segmented project will be operational without completion of the entire project.
        (q) An agreement that the project will proceed in a timely fashion if the application for assistance is approved.
        (r) An application fee, if required by the department.
        (2) The requirement under subsection (1)(a) for a dedicated source of revenue may include a revenue source pledged to repay the debt to the fund from sources including, but not limited to, 1 or more of the following:
        (a) Ad valorem taxes.
        (b) Special assessments.
        (c) User-based revenue collections.
        (d) General funds of the municipality.
        (e) Benefit charges.
        (f) Tap-in fees, or other 1-time assessments.
        (3) The department shall accept applications for assistance from municipalities in the fundable range of the priority list that have approved planning documents. The department shall determine whether an application for assistance is administratively complete and notify the applicant within 30 days after receipt of the application specifying any additional information necessary to complete the application.
        (4) The department shall approve or disapprove an application within 30 days of the determination that the application is complete.