11 Miss. Code. R. 6-5.1 - Introductory Provisions

A. Scope of Regulations. These regulations, adopted pursuant to Section 49-17-86, Mississippi Code of 1972, as amended, will govern the Water Pollution Control Emergency Loan Fund (WPCELF) Program. These regulations may be superseded by the WPCELF loan agreement when a variance or exception is made by the Department and when not in conflict with any state or federal laws or executive orders.

B. Definitions. The following words and terms, when used in these regulations, will have the following meanings, unless the context clearly indicates otherwise:

(1) Act - The Mississippi Water Pollution Control Revolving Fund and Emergency Loan Fund Act, Sections 49-17-81 through 49-17-89, Mississippi Code of 1972, as amended.

(2) Administration Fee - Those fees collected from the loan recipient to defray the reasonable costs of administering the emergency fund.

(3) Allowable Costs - Those project costs that are eligible, reasonable, necessary, allocable to the project, within the established project scope and budget period, in conformance with the WPCELF Regulations, and determined allowable by the Department.

(4) Authorized Representative - The signatory agent or office of the applicant, authorized and directed by the applicant's governing body to make application for assistance and to sign documents required to undertake and complete the project on behalf of the applicant. The signatory agent or office must be a member of, or an employee of, the applicant's governing body and may not be under a separate contract with the applicant at any time during the execution of the project.

(5) Budget Period - The time frame identified in the loan agreement as such, during which allowable costs may be incurred.

(6) Change Order - The documents, including supporting documentation, executed by the loan recipient and the construction contractor, upon recommendation of the engineer if required by the contract documents, authorizing a change, alteration, or variance in the plans, specifications, and contract documents, including but not limited to, additions or deletions of work to be performed pursuant to the contract or a change in costs or time for work performed after the execution of the contract.(7)

(7) Collector Sewer - The common lateral sewers, within a publicly owned treatment system, which are primarily installed to receive wastewaters directly from facilities which convey wastewater from individual systems, or from private property.

(8) Commission - The Commission on Environmental Quality or its successors.

(9) Consolidation project - The acquisition of an existing entity or its treatment works by another or the merger of two entities.

(10) Construction - Any one or more of the following: repair, erection, building, acquisition, alteration, improvement or extension of water pollution control systems.

(11) Contract - The contracting agreement made between the loan recipient and any other party, whether by written contract, quote, invoice, work order, or other legal arrangement, which establishes the parties to the agreement, the scope and price of goods or services to be provided, the timeframe for performance, and any other provisions required by these regulations and/or state law.

(12) Contractor - The individual, company, party or other business enterprise awarded a contract by the loan recipient to construct any part of the project, or to supply materials, labor, equipment, or other necessary goods or services for the project. Contractor is not the same as Engineer, consultant, attorney, or other person or company providing professional services in conjunction with the project

(13) Department - Mississippi Department of Environmental Quality and staff, and their designated representatives or successors.

(14) Eligible Applicant - Any county, municipality, municipal public utility, district, authority, political subdivision or other governmental unit created under state law which has authority to dispose of domestic wastewater, industrial wastewater, wastewater sludges resulting from the treatment of such wastewater, stormwater, or nonpoint sources of pollution, has the authority under state law to receive WPCELF loan assistance, has the ability to comply with these regulations and the requirements of the WPCELF loan agreement, and which is not in arrears in repayments to the WPCRLF, the WPCELF or the WPALP.

(15) Eligible Costs - Eligible costs are those costs in which WPCELF loan participation is authorized pursuant to applicable statute.

(16) Emergency - Any circumstance caused by fire, flood, explosion, storm, earthquake, epidemic, riot, insurrection or caused by any inherent defect due to defective construction, or when the immediate preservation of public health or environmental protection is necessary by reason of unforeseen event or condition, or when the immediate restoration of a condition of usefulness or construction of any water pollution control facilities appears advisable, or as required by a pollution control or public health regulatory agency.

(17) Emergency Fund or Fund - The Water Pollution Control Emergency Loan Fund, created pursuant to Section 49-17-86, Mississippi Code of 1972, as amended.

(18) Engineer - Unless otherwise indicated, the engineer, or engineering firm, registered by the Mississippi State Board of Registration for Professional Engineers and Land Surveyors, retained or employed by the loan recipient to provide professional engineering services during the planning, design and/or construction of the project.

(19) Executive Director - The executive director of the Department of Environmental Quality, or his designee.

(20) Financial Assistance - Loans by the Commission, acting through the Department, from the Water Pollution Control Emergency Loan Fund.

(21) Financial Capability Summary - A financial analysis of a water pollution control system to determine whether the system has the capability to reliably meet the financial obligations on a long term basis.

(22) Improvements - Includes making necessary repairs to existing water pollution control systems to meet the emergency and may include new construction needed to provide a permanent correction to the problems which caused the emergency.

(23) Infiltration - Water other than wastewater that enters a sewer system (including sewer service connections and foundation drains) from the ground through such means as defective pipes, pipe joints, connections, or manholes. Infiltration does not include, and is distinguished from, inflow.

(24) Inflow - Water other than wastewater that enters a sewer system (including sewer service connections) as a result of rainfall or rainfall induced soil moisture from sources such as, but not limited to, roof leaders, cellar drains, yard drains, area drains, drains from springs and swampy areas, manhole covers, cross connections between storm sewers and sanitary sewers, catch basins, cooling towers, storm waters, surface runoff, street wash waters, or drainage. Inflow does not include, and is distinguished from, infiltration.

(25) Interceptor Sewer - A sewer which is designed for one or more of the following purposes:

(1) To intercept wastewater from a final point in an existing or proposed collector sewer and convey such wastes directly to a treatment facility or another interceptor or pump station.

(2) To replace an existing wastewater treatment facility and transport the wastes to an adjoining collector sewer or interceptor sewer for conveyance to a treatment plant.

(3) To transport wastewater from one or more municipal collector sewers to another municipality or system or to a regional facility for treatment.

(4) To intercept an existing discharge of raw or inadequately treated wastewater for transport directly to another interceptor, pump station or to a treatment plant.

(26) Interlocal Agreement - An agreement or contract between the loan applicant/recipient and other entities relating to use, enforcement, or finances of the project or treatment works, which may be necessary to ensure completion of a useful project.

(27) Loan Agreement - A legal and binding agreement between the Department and the loan recipient through which the Department provides WPCELF funds for allowable assistance and the recipient promises to repay the principal sum and interest back to the WPCELF over a period not to exceed 10 years at an interest rate established by the Commission.

(28) Loan Applicant - An eligible applicant, as defined above, that makes a WPCELF loan application for assistance from the Department.

(29) Loan Recipient - An eligible applicant, as defined above, that receives a WPCELF loan from the Department.

(30) May - Whenever used in the context of an action to be taken by the loan recipient, the word "may" will be interpreted as optional but is not mandatory.

(31) May not - Whenever used in the context of an action by the loan recipient, such an action is prohibited by these regulations.

(32) Must - Whenever used in the context of an action to be taken by the loan recipient, the word "must" will be interpreted as mandatory.

(33) Nonpoint Source - Pollution caused by diffuse source(s) that are not regulated as point source(s) and normally is associated with agriculture, silviculture, urban runoff and runoff from construction activities, etc.

(34) Overflows and Bypasses - Polluted water, such as sewage, which overflows or bypasses any portion of the treatment works prior to complete and final treatment and discharge in accordance with the permit.

(35) Permit - Unless otherwise specified, the authority granted by the Mississippi Environmental Quality Permit Board or their designated staff to discharge treated wastewater into or adjacent to waters of the state in accordance with the stipulations of the relevant National Pollutant Discharge Elimination System (NPDES) or State Operating Permit.

(36) Plans, Specifications and Contract Documents - The engineering description of the project including engineering drawings, maps, technical specifications, design reports and construction contract documents in sufficient detail to allow contractors to adequately construct the work.

(37) Plans, Specifications and Contract Documents Addendum - Any change made to the Plans, Specifications and Contract Documents after advertisement of the documents for bidding, but prior to opening of the bids.

(38) Plans, Specifications and Contract Documents Revision or Amendment . Any change made to the Plans, Specifications and Contract Documents after completion of the initial documents, but prior to advertisement of the documents for bidding.

(39) Point Source - Any discernible, confined and discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, concentrated animal feeding operation, vehicle, or vessel or other floating craft from which pollutants are or may be discharged. This term does not include agricultural stormwater discharges and return flows from irrigated agriculture.

(40) Project - The scope of work for which assistance is awarded under the WPCELF.

(41) Project Completion - The date of the final construction observation, as performed by the Department, for the purpose of an allowability determination.

(42) Protest - A written complaint to the loan recipient concerning the loan recipient's solicitation or award of a contract. The protest must be filed with the loan recipient by a party with a direct financial interest adversely affected by a loan recipient's procurement action.

(43) Record Drawings - A final, post-construction set of reproducible design plans, revised to describe the project as it was actually constructed, including all revisions, addenda, change orders and field changes that affect items shown on the drawings.

(44) Repayment - Principal and interest repayments on WPCELF loans as established in the loan agreement.

(45) Service line - A conduit intended to carry wastewater, together with minor quantities of infiltration and inflow that are not admitted intentionally, from residences, public buildings and businesses to a collector sewer.

(46) Sewer - Any pipe, conduit, or related appurtenance used to convey sewage or wastewater, including collectors, interceptors, force mains and service lines.

(47) Title Counsel or Legal Counsel - The attorney(s) of record, legally practicing, who provide(s) legal advice and certifications relating to the project for the loan applicant/recipient.

(48) Treatment Works (or Water Pollution Control System) - Any devices and systems which are used in the storage, treatment, recycling, and reclamation of waste, including interceptor sewers, outfall sewers, sewage collection systems, pumping, power, and other equipment and their appurtenances; extensions, improvements, remodeling, additions, and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units; and any works, including site acquisition of the land used for or in connection with the treatment works; and any plant, disposal field, lagoon, canal, incinerator, or other facilities installed for the purpose of treating, neutralizing or stabilizing wastewater or nonpoint source pollution or facilities to provide for the collection, control and disposal of wastewater or nonpoint source pollution.

(49) Unilateral Change Order - Change order executed only by the loan recipient, and identified as such, in accordance with the contract documents.

(50) User Charge Ordinance - A legally enforceable ordinance, regulation or corporate resolution enacted by the loan recipient which includes, at least by reference, the User Charge System, and establishes user charge rates to generate adequate revenues to cover all costs of the treatment works, as required by the User Charge System.

(51) User Charge System - That system by which the loan recipient charges users of the treatment works, user rates that produce adequate revenues required for operation, maintenance, replacement of equipment, retirement of existing debt, and repayment of the WPCELF loan for the project.

(52) Water Pollution Control System - see "Treatment Works."

(53) Will - Whenever used in the context of an action to be taken by the loan recipient, the word "will" is to be interpreted as mandatory.

(54) WPALP - Water Pollution Abatement Loan Program

(55) WPCELF - Water Pollution Control Emergency Loan Fund.

(56) WPCRLF - Water Pollution Control Revolving Loan Fund.

Notes

11 Miss. Code. R. 6-5.1

Miss. Code Ann. §§ 49-17-81 through 49-17-89, 49-2-1, et seq. and 49-17-1, et seq.