(1) The following fees and charges are established and imposed for
participation in the revolving fund program.
(a) If an
environmental impact statement is required pursuant to the Montana
Environmental Policy Act and the department or the department of environmental
quality rules, the applicant shall bear the cost of the environmental impact
statement.
(b) An
administrative fee up to 1% of the amount of the maximum authorized principal
amount of the loan as reflected in the bond resolution or loan agreement must
be charged each borrower, unless excepted from this requirement by the
department. The department shall retain the administrative fee from the
proceeds of the loan at the time of closing and transfer the fee to the state
revolving fund administrative account as provided in the indenture of trust.
The department and department of environmental quality may determine and
establish from time to time the precise amount of the administrative fee to be
charged, based on the projected costs of administering the program and other
revenues available to pay such costs.
(c) Each
borrower shall be charged an administrative expense surcharge on its loan equal
to .75% per annum on the outstanding principal amount of the loan, as such
percentage may be adjusted pursuant to this subsection, payable on the same
dates that payment of principal and interest on the loan are due. The
department and department of environmental quality may determine and establish
from time to time the precise amount of the administrative expense surcharge to
be charged, based on the projected costs of administering the program and other
revenues available to pay such costs. The administrative expense surcharge
must be deposited in the special administrative costs account as provided in
the indenture of trust.
(d) Each borrower's origination fee shall be paid at closing by the retention by
the department of such amount from the proceeds of the loans or from proceeds
of the borrower, unless excepted from this requirement by the department.
(e) All borrowers unless
excepted from the requirement by the department shall pay a loan loss reserve
surcharge equal to 1% per annum on the outstanding principal amount of the
loan, as such percentage may be adjusted as set forth in this subsection,
payable on the same dates that payments of principal and interest on the loan
are due. The loan loss reserve surcharge must be deposited in the loan loss
reserve account established in the indenture of trust until the loan loss
reserve requirement as defined in the bond resolution or loan agreement is
satisfied. At this point it can be deposited in the state allocation account
or to such other fund or account in the state treasury authorized by state law
as a department of environmental quality or department representative shall
designate, or segregated in a separate subaccount in the loan loss reserve
account and applied to any costs of activities under the program authorized by
state law as a department of environmental quality or department representative
shall designate. The department and department of environmental quality may
determine and establish from time to time the precise amount of the loan loss
reserve surcharge to be charged, based on the loan loss reserve requirement and
the amounts in the match account.
(i) The borrower shall
repay the loan at an interest rate determined in accordance with ARM 36.24.110,
plus the loan loss reserve surcharge plus the administrative expense
surcharge. The borrower shall propose rates and charges for all wastewater
services necessary to repay the above items. The department and the
department of environmental quality shall rank all applications. Based on a
consideration of socioeconomic factors and measures of financial condition, and
in accordance with the provisions of the intended use plan, the department may
agree not to impose the loan loss reserve surcharge on the borrower. Any
excess fees on revenues generated within or by the program shall be used
exclusively for purposes authorized by the federal act.