Administrative Rules of Montana
Department 36 - NATURAL RESOURCES AND CONSERVATION
Chapter 36.23 - DRINKING WATER STATE REVOLVING FUND ACT
Subchapter 36.23.1 - Financial Assistance
Rule 36.23.116 - COVENANTS REGARDING FACILITIES FINANCED BY LOANS
Current through Register Vol. 6, March 22, 2024
(1) Specific requirements and covenants with respect to the system or improvements to the system being financed from the proceeds of the loan must be contained in the bond resolution of the municipality, forms of which are available from the department, and may include the requirements and covenants set forth herein. The bond resolution should be consulted for more specific detail as to each of these covenants. Given that a loan agreement cannot be reduced to general form, no such general form exists, and would need to be developed for each proposed loan under the program for the benefit of a private person.
(2) The borrower must meet the requirements listed in the federal act for projects providing legal assurance that all necessary property titles, easements, and rights-of-way have been obtained to construct, operate, and maintain the project.
(3) The borrower must submit an engineering report complying with plan and specification requirements for public water systems established by the board.
(4) The borrower must acquire:
(5) The borrower shall agree to operate and maintain the project properly over its structural and material design life, which may not be less than the term of the loan.
(6) The borrower at all times shall acquire and maintain with respect to the system property and casualty insurance and liability insurance with financially sound and reputable insurers, or self-insurance as authorized by state law, against such risks and in such amounts, and with such deductible provisions, as are customary in the state in the case of entities of the same size and type as the borrower and similarly situated and shall carry and maintain, or cause to be carried and maintained, and pay or cause to be paid timely the premiums for all such insurance.
(7) The department, the department of environmental quality, and the EPA and their designated agents have the right at all reasonable times during normal business hours and upon reasonable notice to enter into and upon the property of the borrower for the purpose of inspecting the system or any or all books and records of the borrower relating to the system.
(8) The borrower that is a municipality agrees that it will comply with the provisions of the Montana Single Audit Act, Title 2, chapter 7, part 5, MCA, and to the extent not required by the Single Audit Act, a borrower, whether a municipality or a private person, agrees that it will provide for each fiscal year to the department and the department of environmental quality, promptly when available:
(9) The borrower shall maintain proper and adequate books of record and accounts to be kept showing complete and correct entries of all receipts, disbursements, and other transactions relating to the system, the monthly gross revenues derived from its operation, and the segregation and application of the gross revenues in accordance with this resolution, in such reasonable detail as may be determined by the borrower in accordance with generally accepted governmental accounting practice and principles. It will maintain the books on the basis of the same fiscal year as that utilized by the borrower. The borrower shall, within 120 days after the close of each fiscal year, cause to be prepared and supply to the department a financial report with respect to the system for such fiscal year. The report must be prepared at the direction of the financial officer of the borrower in accordance with applicable generally accepted accounting principles and, in addition to whatever matters may be thought proper by the financial officer to be included therein, must include the following:
(10) The borrower shall covenant to take all necessary and legal action to collect such rates and charges, including terminating service, imposing reconnection fees and placing delinquent charges as a lien against the property and enforcing such lien to the extent permitted by law. The borrower must, if rates are regulated by the public service commission, notify the department of any proceedings before the public service commission regarding rates.
(11) The borrower shall also have prepared and supplied to the department and the department of environmental quality, within 120 days of the close of every other fiscal year, an audit report prepared by an independent certified public accountant or an agency of the state, if the borrower is a municipality, in accordance with generally accepted governmental accounting principles and practice with respect to the financial statements and records of the system. The audit report shall include an analysis of the borrower's compliance with the provisions of the bond resolution or loan agreement.
(12) The borrower shall agree to comply with all conditions and requirements of the federal act pertaining to the loan and the project.
(13) The borrower shall agree not to sell, transfer, lease, or otherwise encumber the system, any portion of the system, or interest in the system without the prior written consent of the department while the bond resolution or loan agreement is in effect.
(14) The borrower shall agree to secure written approval from the department for any changes or modifications in the project before or during construction as set forth in the bond resolution or loan agreement.
75-6-205, MCA; IMP, 75-6-224, MCA;