§1942.17 (j) (9) (Con.) RD Instruction 1942-A
general circulation in the service area, to post a public notice at the applicant's principal office, and to notify Rural Development. The applicant will provide Rural Development a copy of the published notice and minutes of the public meeting. A public meeting is not normally required for subsequent loans which are needed to complete the financing of the project.
(10) Service through individual installation. Community owned water or waste disposal systems may provide service through individual installations or small clusters of users within the applicant's service area. When individual installations or small clusters are proposed, the loan approval official should consider items such as: quantity and quality of the individual installations that may be developed; cost effectiveness of the individual facility compared with the initial and long term user cost on a central system; health and pollution problems attributable to individual facilities; operational or management problems peculiar to individual installations; and permit and regulatory agency requirements.
(i) Applicants providing service through individual facilities must meet the eligibility requirements in §1942.17 (b).
(ii) Rural Development must approve the form of agreement between the owner and individual users for the installation, operation and payment for individual facilities.
(iii) If taxes or assessments are not pledged as security, owners providing service through individual facilities must obtain security as necessary to assure collection of any sum the individual user is obligated to pay the owner.
(iv) Notes representing indebtedness owed the owner by a user for an individual facility will be scheduled for payment over a period not to exceed the useful life of the individual facility or the loan, whichever is shorter. The interest rate will not exceed the interest rate charged the owner on the Rural Development indebtedness.
(v) Owners providing service through individual or cluster facilities must obtain:
(A) Easements for the installation and ingress to and egress from the facility; and
(B) An adequate method for denying service in the event of nonpayment of user fees.
(11) Funds from other sources. Rural Development loan funds may be used along with or in connection with funds provided by the applicant or from
(2-6-85, PN 956)
RD Instruction 1942-A
§1942.17 (j) (Con.)
other sources. Since "matching funds" is not a requirement for Rural Development loans, shared revenues may be used with Rural Development funds for project construction.
(k) Other Federal, State, and local requirements. Each application shall contain the comments, necessary certifications and recommendations of appropriate regulatory or other agency or institution having expertise in the planning, operation, and management of similar facilities. Proposals for facilities financed in whole or in part with Rural Development funds will be coordinated with appropriate Federal, State, and local agencies in accordance with the following:
(1) Compliance with special laws and regulations. Except as provided in paragraph (k)(2) of this section, applicants will be required to comply with Federal, State, and local laws and any regulatory commission rules and regulations pertaining to: (Revised 3-1-88, SPECIAL PN.)
(i) Organization of the applicant and its authority to construct, operate, and maintain the proposed facilities;
(ii) Borrowing money, giving security therefore, and raising revenues for the repayment thereof;
(iii) Land use zoning; and
(iv) Health and sanitation standards and design and installation standards unless an exception is granted by Rural Development.
(2) Compliance exceptions. If there are conflicts between this subpart and State or local laws or regulatory commission regulations, the provisions of this subpart will control. (Revised 3-1-88, SPECIAL PN.)
(3) State Pollution Control or Environmental Protection Agency Standards. Water and waste disposal facilities will be designed, installed, and operated in such a manner that they will not result in the pollution of water in the State in excess of established standards and that any effluent will conform with appropriate State and Federal Water Pollution Control Standards. A certification from the appropriate State and Federal agencies for water pollution control standards will be obtained showing that established standards are met. (Renumbered 3-1-88, SPECIAL PN.)
(4) Consistency with other development plans. Rural Development Financed facilities will not be inconsistent with any development plans of State, multijurisdictional areas, counties, or municipalities in which the proposed project is located. (Renumbered 3-1-88, SPECIAL PN.)
(5) State agency regulating water rights. Each Rural Development financed facility will be in compliance with appropriate State agency regulations which have control of the appropriation, diversion, 56
RD Instruction 1942-A
§ 1942.17(k)(5) (Con.)
storage and use of water and disposal of excess water. All of the rights of any landowners, appropriators, or users of water from any source will be fully honored in all respects as they may be affected by facilities to be installed. (Renumbered 03-01-88, SPECIAL PN.)
(6) Civil Rights Act of 1964. The Act states that no person shall, on the ground of race, color or national origin, be excluded from participation in, be denied the benefits to, or be subject to discrimination under any program or activity receiving financial assistance. All borrowers are subject to, and facilities must be operated in accordance with, Title VI of the Act and Subpart E of Part 1901 of this chapter, etc. (Renumbered 03-01-88, SPECIAL PN.)
(7) Title IX of the Education Amendments of 1972. No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any education program or education activity receiving agency financial assistance except as otherwise provided for in the Education Amendments of Title IX. The State Director will provide guidance and technical assistance to carry out the intent of this paragraph. (Renumbered 03-01-88, SPECIAL PN.)
(8) Section 504 of the Rehabilitation Act of 1973. Under section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), no handicapped individual in the United States shall, solely by reason of their handicap, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving agency financial assistance. (Renumbered 03-01-88, SPECIAL PN.)
(9) Age Discrimination Act of 1975. This Act provides that no person in the United States shall on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. This Act also applies to programs or activities funded under the State and Local Fiscal Assistance Act
of 1972 (31 U.S.C. 1221 et. seq.). This Act does not apply to:
(a) age distinctions contained in Federal, State or local statutes or ordinances adopted by an elected, general purpose legislative body which provides benefits or assistance based on age; (b) established intended beneficiaries or target groups in age-related terms; and, (d) any employment practice of any employer, employment agency, labor organization, or any labor-management joint apprenticeship training program except for any program or activity receiving Federal financial assistance for public service employment under the Comprehensive Employment and Training Act of 1974 (CETA) (29 U.S.C. 801 et seq.). (Renumbered 03-01-88, SPECIAL PN.)