11 Miss. Code. R. 6-6.3 - Project Requirements

All water pollution control projects funded by the WPCRLF must comply with the following requirements. Non-point source pollution control projects and estuary management projects must comply with these requirements to the extent described in the loan application and loan agreement, as established by the Department.

A. Facilities Planning.

(1) Preplanning Guidance and Conference. The Department will provide facilities planning guidance to the potential applicant and/or its engineer. The potential loan applicant and/or its engineer should attend a preplanning conference with the Department as early in the planning process as practical. During the conference the staff will provide information on the required facilities planning documents necessary to comply with these regulations. All facilities plans must be prepared by or under the responsible supervision of a professional engineer registered under Mississippi law.

(2) Contents of the Facilities Plan. The facilities plan must comply with the Department's guidance, including updates, Appendices A, B and J of these regulations and any other requirements of the Department pursuant to review of the facilities plan. The facilities plan must generally contain the following, as determined appropriate by the Department:

(a) A description of the existing water pollution control facilities, if any, owned by the applicant.

(b) A description of the existing and/or future water pollution problem or threat to be addressed by the proposed project.

(c) Documentation of sufficient flow monitoring and/or estimation to quantify wastewater, infiltration and inflow, applicable effluent limitations, and any other technical data necessary to provide the basis for preliminary engineering design of the project.

(d) A description of the proposed facilities, costs, location, and how the proposed facilities will address the existing and/or future water pollution problem or threat identified in the plan.

(e) A demonstration that minorities within the jurisdictional boundaries of the loan applicant will not be systematically excluded from the benefits of the proposed projects.

(f) A specific indication that each applicable intergovernmental review agency has been contacted regarding the proposed project, any adverse comments from the applicable intergovernmental review agencies, and an indication of all necessary permits and clearances that must be obtained for this project. Intergovernmental review agencies are as follows:

(i) Mississippi Department of Archives and History (for archaeological/cultural resources review under the State Antiquities Law)

(ii) Mississippi Department of Wildlife, Fisheries, and Parks-Natural Heritage Program (for vegetative/wildlife review under the Nongame and Endangered Species Conservation Act.)

(iii) U.S. Army Corps of Engineers, Regulatory Functions Branch (for Wetlands, Section 10, and floodplain impact review)

(iv) Mississippi Department of Marine Resources (Jackson, Harrison, and Hancock County Projects only; for Mississippi Coastal Program and applicable Mississippi law review)

(v) U.S. Forest Service (projects located in a federally designated Wild and Scenic River Basin only, for federal Wild and Scenic Rivers Act compliance)

(g) For projects defined under Section 212 of the Act, a comparative evaluation of the no-action alternative and the proposed alternative, which accounts for beneficial and adverse consequences that each alternative would have on existing and future environmental resources, as required by Appendix B.

(h) A financial capability summary using planning level cost estimates.

(i) For projects defined under Section 212 of the Act, (1) a copy of the notice to the public of the proposed project and for the opportunity to comment on alternatives and to examine environmental review documents, including the facilities plan and any comments, permits, or clearances from the intergovernmental review agencies, (2) a copy of any comments received from the public, and (3) a description of how all comments were addressed.

(j) For projects defined under Section 212 of the Act and determined by the Department to be controversial, (1) a copy of the public hearing notice published in a local newspaper of general circulation providing at least a 30 day advance notice of a public hearing to be held by the loan applicant, (2) a copy of the transcript of the public hearing and (3) a description of how all comments were addressed.

(k) Calculations showing the necessary user charges for the project using planning level cost estimates.

(3) State Environmental Review Process. For projects defined under Section 212 of the Act, prior to approval of the facilities plan, the Department will complete the appropriate portions of the state environmental review process described in Appendix B of these regulations, based upon information provided in the facilities plan.

(4) Approval of Facilities Plan. The Department will approve the facilities plan after completing any applicable state environmental review process and after determining that all facilities planning requirements appear to be met.

B. Application for WPCRLF Loan.

(1) Preapplication Guidance and Conference.

The Department will provide a loan application package to the potential loan applicant and/or its engineer. The potential loan applicant and/or its engineer may request a preapplication conference with the Department as early in the application process as practical.

(2) Contents of an Application Package. Forms provided by the Department must be used and may not be altered. The WPCRLF loan application may request assistance only for costs that are allowable in accordance with Appendix A of these regulations and may include a construction contingency, as determined by the Department, in the project budget.

The application package must conform to these regulations, and must include the following:

(a) A WPCRLF loan application form with original signature.

(b) A draft user charge system and ordinance.

(c) All proposed or executed contracts for all administration, legal, facilities planning, design, testing, construction observation and any other services. An allowable cost certification must be submitted with each executed contract.

(d) A procurement certification from the loan applicant and the loan applicant's legal counsel.

(e) A financial capability summary using the most recent cost estimates, if different from planning estimates.

(f) Copies of all required intergovernmental review agency permits/clearances, or copies of letters from the appropriate intergovernmental review agencies which state that no permits or clearances are required.

(g) A legal certification from the loan applicant and the loan applicant's legal counsel.

(h) A certified copy of a resolution by the loan applicant's governing body which 1) authorizes the submission of the application and 2) designates an authorized representative or office to make application for assistance and to sign documents, on behalf of the applicant, required to undertake and complete the project.

(i) A copy of all existing or proposed interlocal agreements related to the project, if applicable. Such agreements must be executed by all appropriate parties and must be approved by the Department prior to loan offer.

(j) All waste disposal permit applications, if not previously submitted.

(k) All other permits, forms, documents, and supporting information required by the Department.

C. Offer of a WPCRLF Loan.

(1) Upon determination by the Department that (a) all applicable requirements of the WPCRLF loan application have been met, (b) the facilities plan has been approved, (c) the project is on the current year priority list and (d) funds are available for the amount of the WPCRLF loan application, the Executive Director will execute and transmit a WPCRLF loan offer to the loan recipient. In addition to the estimated allowable project costs as described in Appendix A of these regulations, the loan offer may include a construction contingency, as determined by the Department, in the project budget.

(2) Upon receipt of the WPCRLF loan offer, the loan recipient must execute and return it to the Department, along with a certified copy of a resolution by the loan recipient's governing body authorizing acceptance of the loan offer, within the time frame established in the WPCRLF loan offer. The loan offer becomes void if not executed and returned within the time frame specified, unless extended by the Executive Director.

D. Design.

(1) Guidance and Conference.

The Department will provide design guidance to the loan applicant/recipient and/or its engineer, who may request a predesign conference with the

(2) Plans, Specifications and Contract Documents.

(a) The engineer must prepare plans, specifications, and contract documents on all appropriate elements of the project. These documents must conform to Department requirements, to Appendices A, B, C, D, E, and J of these regulations, and to the technical requirements of the Departmental document "State of Mississippi Requirements for the Design of Municipal Wastewater Treatment Facilities," or its successor. Plans, specifications, and contract documents must also conform to such contract language, conditions, and forms as may be required by the Department.

(b) Contents. In addition to the above, the plans, specifications, and contract documents must minimally contain the following:

(1) Provisions assuring compliance with these regulations and all relevant federal and state laws.

(2) Forms by which the bid bond, performance bond and payment bonds will be provided.

(3) A contractor's assurance which must warrant compliance by the contractor with all applicable federal laws and regulations and all laws and regulations of the State.

(4) Provisions for the applicant to retain a certain percentage of the progress payments otherwise due to the contractor, in accordance with state law.

(5) Provisions requiring the contractor to obtain and maintain the appropriate insurance coverage.

(6) Provisions giving authorized representatives of the loan recipient access to all construction activities, books, records, and documents of the contractor for the purpose of observation, audit and copying during normal business and/or working hours.

(7) Provisions for compliance with any applicable Minority Business Enterprise/Women Business Enterprise (MBE/WBE) requirements as described in Appendix D of these regulations.

(8) Provisions for change orders.

(9) Provisions for liquidated damages.

(10) Those conditions, specifications, and other provisions set forth or required by the Department.

(c) Related submittals. The following documents, if applicable to the project, must also be submitted by the deadline in the loan agreement for submission of the plans, specifications, and contract documents, or at other times as may be required by the loan agreement:

(1) A copy of the issued NPDES permit or the state operating permit, if required.

(2) A copy of the issued solid waste disposal permit, if required.

(3) Written waivers from all adjoining property owners when it is not possible to provide required buffer zones, if the project includes wastewater or sludge treatment facilities.

(4) Real Property.

(i) For all loan ineligible real property and easements (including power and other utilities), completion of the applicable and appropriate requirements of state law regarding acquisition of real property, and certification forms from both the loan applicant and the title counsel which indicate that all such loan ineligible real property and easements for the entire project have been secured by at least one of the following actions:

(A) Clear title.

(B) Execution by both parties of a bonafide option to purchase or a lease valid for the expected life of the project.

(C) Initiation of condemnation by filing such action in court.

Prior to advertisement for construction bids, clear title certification forms for all real property and easements from both the loan applicant and the title counsel must be submitted for all loan ineligible real property and easements (including power and other utilities).

(ii) For all loan eligible real property, completion of the appropriate requirements of state law regarding acquisition of real property, an appraisal, and a written request to the Department for approval of the purchase price of all loan eligible real property. Prior to advertisement for construction bids, the loan applicant must secure approval of the purchase price by the Department, must complete purchase of all loan eligible real property and easements, and must submit clear title certificates from the loan recipient and title counsel for all such loan eligible property.

(3) Submittal of Plans, Specifications and Contract Documents.

By the date specified in the loan agreement the applicant must submit complete plans, specifications and contract documents for the entire project to the Department.

(4) Approval of Plans, Specifications and Contract Documents. The Department will approve the plans, specifications, and contract documents upon determining that these documents:

(a) Appear to conform to the requirements of these regulations,

(b) Appear to be approvable pursuant to a technical review by the Department, and

(c) Appear to be consistent with the approved facilities planning documents and environmental determinations required by these regulations.

E. Construction Bidding and Loan Amendment.

(1) Within the time frame established in the loan agreement and upon a) approval of the plans, specifications, and contract documents by the Department, b) issuance of any other permits or clearances required for the project, and c) submittal of clear title certificates from the loan recipient and title counsel for all real property and easements required for the project, the loan recipient must then advertise the project for construction bids. All procurement actions by the loan recipient must comply with state law and these regulations.

(2) Upon receipt of construction bids, the loan recipient must then submit a) the completed MBE/WBE documentation as required by Appendix D of these regulations, b) the completed bid package, c) all necessary executed contracts and amendments as described in Rule 6.3.B(2)(c), and d) a loan agreement amendment request (consistent with as-bid construction costs, a construction contingency as determined by the Department, and any professional services contracts and amendments) to the Department within the time frame established in the loan agreement.

(3) Upon the receipt of the completed MBE/WBE documentation, bid package, professional services contracts and amendments, and loan agreement amendment request from the loan recipient, the Department will review these documents, determine whether any request for an increased loan amount is justified and allowable and that funds are available and, after determining that all documents are approvable, will transmit to the loan recipient approval to execute the construction contracts.

(4) After receipt, review and approval of the loan agreement amendment request, the Department will prepare and transmit an amended WPCRLF loan offer to the loan recipient. The loan offer will include in the project budget (a) the approved as-bid amounts for construction contracts, (b) the amounts for professional services contracts, and (c) a construction contingency as determined by the Department. Upon receipt of the amended WPCRLF loan offer, the loan recipient must execute and return it to the Department within the timeframe established in the offer letter. After execution of the amended WPCRLF loan offer, the WPCRLF loan amount may not be increased except for funding of a subsequent portion of a segmented project as identified in the Intended Use Plan for a later fiscal year. Any increased project costs in excess of the amended WPCRLF loan amount must be paid by the loan recipient from sources other than WPCRLF loan funds.

F. Construction.

(1) Awarding Construction Contracts and Preconstruction Conference. Upon receipt of the approval to execute the construction contract and issue the notice to proceed, the loan recipient must do so and transmit a copy of the executed construction contract and the notice to proceed to the Department within the time frame specified in the loan agreement.

The loan recipient is responsible for assuring that every appropriate procedure and incidental legal requirement is observed in advertisement for bids and awarding the construction contracts. The plans, specifications, and executed contract documents must not vary from those approved by the Department.

The loan recipient may arrange and hold a preconstruction conference and must allow attendance and participation by the Department if such a conference is held.

(2) Observation During Construction.

During all times that construction work is being performed, the loan recipient must provide for full-time observation of the project by the engineer or his staff and must require the engineer's assurance that the work is being performed in a satisfactory manner in accordance with the WPCRLF loan agreement and the approved plans, specifications, contract documents and approved change orders. Less than full-time observation may be allowed when properly justified and approved by the Department

The Department is authorized to observe the construction of any project at any time for compliance with the terms of the loan agreement and to determine if the loan recipient and engineer are assuring that plans, specifications and contract documents are being followed. Such observation will not subject the Department to any legal action for claims, damages or any other liability. Such observation will not release the contractor from any obligation to perform the work in accordance with the requirements of the contract documents or the engineer from determining compliance with the requirements of the contract documents or the loan recipient from insuring compliance with the contract and the terms of the loan agreement.

The contractor, engineer, and the loan recipient must furnish the Department with every reasonable opportunity and means for determining whether the loan recipient and engineer are assuring that the work is in accordance with the requirements of the approved plans, specifications and contract documents. The Department is authorized to observe and require submission by the loan recipient of daily logs, record drawings, file notes, and any other documents prepared in relation to the WPCRLF funded project.

(3) Construction Deficiencies.

(a) In the event that it appears to the Department that the loan recipient and engineer are not assuring that the construction work, materials, equipment or supplies are in conformity with approved plans and specifications, and contract documents, the Department may determine these items are unallowable for WPCRLF loan participation, unless the loan recipient takes action, through the engineer if applicable, in the manner provided for in the construction contract to correct any such deficiencies.

(b) The Department may immediately withhold WPCRLF loan payments for such time that it appears that the loan recipient and engineer are not asssuring that construction work, materials, equipment or supplies are in accordance with the approved plans, specifications and contract documents, and may require the loan recipient to repay any previously paid amounts related to such work within 30 days of such notification.

(4) Change Orders.

(a) General. In the event a determination is made by a loan recipient after a construction contract is executed that changes or modifications to the original contract are necessary or would better serve the purpose of the loan recipient, the loan recipient may, at its discretion, execute such change orders pertaining to the construction that are necessary under the circumstances, as provided in the contract documents and when in accordance with state law.

Change orders must not change, vary, or alter the basic purpose or effect of the project. Change orders must be technically adequate, the costs must be necessary and reasonable, and eligible/ineligible costs must be appropriately separated.

(b) Change Order Submittals. After completion of the change order negotiation process and/or claims resolution between the loan recipient and the contracting party, an executed change order must be submitted to the Department for review and approval, in order to obtain a WPCRLF loan eligibility/allowability determination.

If any change order is submitted to the Department that is not complete and executed by the loan recipient, the contracting party, and the engineer if appropriate, the Department may return such change order without review. However, unilateral change orders executed by the loan recipient, and the engineer if appropriate, and identified as such, that are issued in accordance with the contract documents may be submitted to the Department for review and approval, in order to obtain a WPCRLF loan eligibility/allowability determination.

The loan recipient may submit a complete change order which has been executed conditional upon a WPCRLF loan eligibility/allowability determination by the Department.

If possible, approval of a change order should be secured from the Department before the work is started. Approval may also be secured after the work is started; however, the loan recipient must bear the cost if the work is later determined to be ineligible or unallowable.

When the eligible cost of a project will be significantly reduced by a change order(s), the Department may issue an amendment to the loan agreement decreasing the loan amount, and the loan recipient must execute the amendment within the time frame established by the Department.

(c) Department Review. In order to allow the Department to perform a technical and loan allowability review, requests for change order approvals must conform to Department guidance, requirements and regulations.

(d) Time Extensions. Change orders which include time extensions exceeding 30 days beyond the original contract completion date, and/or documentation that the loan recipient is implementing all legal remedies provided in the contract documents for failure to complete construction when required, must be submitted to the Department as specified in Rule 6.3.F(6)(i) of these regulations. Justification for contract time extensions included in a change order must be prepared, but need not be submitted to the Department unless the total time extensions for the contract exceed 30 days after the original contract completion date, in which case justification for all time extensions must be submitted to the Department for an allowability determination.

(5) Contractor Bankruptcy or Default. In the event of a contractor bankruptcy or default, any proposed agreements with the bonding company (other than the bonding company serving as general contractor or hiring another contractor acting as their agent) must be submitted for a WPCRLF loan allowability determination by the Department prior to execution.

If the loan recipient determines that re-award of the construction contract or a portion thereof is necessary due to contractor bankruptcy or default, such proposed re-award contracts must be submitted for a WPCRLF loan allowability determination by the Department prior to execution. The loan recipient will be responsible for assuring that every appropriate procedure and incidental legal requirement are observed in advertising for bids or otherwise re-awarding a construction contract, if this course of action is taken.

(6) Design and Construction Phase Submittals, Approvals, and Actions. The following submittals, approvals, and actions will be required during the design and construction phase of the project. The Department may establish additional time frames within the loan agreement.

(a) By the date established by the Department in the loan agreement, the loan recipient must submit a complete set of plans, specifications and contract documents to the Department.

(b) Within 90 days after approval of the plans, specifications, and contract documents by the Department, (1) all construction related contracts must be advertised for bids and proof of such advertisement must be submitted, (2) all local funds necessary for the project must be secured and proof of such local funds must be submitted, and (3) clear title certificates from the loan recipient and title counsel for all loan eligible real property must be submitted.

(c) Within 120 days after approval of the plans, specifications, and contract documents by the Department, the loan recipient must receive bids on all construction contracts.

(d) Within 14 days after receipt of bids, the loan recipient must submit all MBE/WBE and related documents.

(e) Within 21 days after receipt of bids, the loan recipient must submit all bid packages.

(f) Within 60 days after receipt of bids, the loan recipient must execute all construction contract documents, must submit a copy of all executed contract documents, and must issue and submit a copy of the notice to proceed on all such contracts.

(g) By the date established by the Department in the loan agreement (which is based upon 90% of construction contract time) the loan recipient must enact the approved user charge system and submit a copy of the enacted ordinance to the Department.

(h) Within 10 days after construction completion of each construction contract, the loan recipient must notify the Department of construction completion.

The Department will perform a final construction observation within 30 days after the current construction contract completion date, unless further delayed by the Department pursuant to review of the loan recipient's request and justification for such delay. Should the Department decide that the construction completion is being unreasonably delayed, a final construction observation may be immediately performed by the Department. The final construction observation by the Department is only for the purpose of determining final loan allowable costs.

(i) Within 30 days after the current construction contract completion date, all change orders which include time extensions exceeding 30 days beyond the original contract completion date, and/or documentation showing the loan recipient is implementing all legal remedies provided in the contract documents for failure to complete construction when required, must be submitted to the Department for an allowability determination.

(j) Within 30 days after the Department's final construction observation, the loan recipient must submit: final loan payment requests, approvable summary change orders for all construction contracts; record drawings for the entire project funded in whole or in part with WPCRLF funds; the engineer's certification of compliance with plans, specifications, and contract documents; final professional services contract amendments, if any; and all other administrative forms and documents required by the loan agreement. Loan payment requests submitted after this date are not allowable, regardless of when the costs were incurred.

(k) Any other submittals or actions required by the loan agreement must be performed when required and are subject to review and approval by the Department.

G. Post Construction Phase.

(1) Following final payment of WPCRLF loan funds to the loan recipient, or upon expiration of any deadlines established by the loan agreement or the Department, the Department or other designated parties may perform an audit of the WPCRLF loan project for the purpose of determining compliance with the WPCRLF loan agreement and to determine final allowable costs, payments made to date, and any additional payments due the loan recipient or repayment due the Department.

(2) Upon completion of the WPCRLF audit (or if an audit is not performed, following approval of the final payment request of WPCRLF loan funds to the loan recipient or upon expiration of any deadlines established by the loan agreement or the Department), the Department will transmit to the loan recipient a copy of the audit report, if performed, and a final determination of allowable costs and payments due the loan recipient or repayments due the State. The final determination will also establish a 30-day appeal deadline, as required by (3) below, and will require repayment of any overpayments with an interest penalty to begin accruing on the appeal deadline.

(3) Within 30 days after the date of the above final determination, the loan recipient may submit a written appeal of the final determination, including a written justification of the reason for the appeal, and supporting documentation for any disputed costs of the final determination. Otherwise, the final determination of allowable costs will become the final allowable costs for purposes of WPCRLF loan payments and the WPCRLF loan agreement.

(4) Should an appeal be submitted, the disputes procedures established in Appendix F of these regulations will be followed in order to resolve the dispute and establish the final allowable costs.

(5) Upon expiration of the final determination appeal period, or upon resolution of a dispute of the final determination, the Department will transmit to the loan recipient a final WPCRLF loan agreement between the loan recipient, the Department, and the State Tax Commission. The loan recipient must execute and submit the final loan agreement to the Department within the deadline established by the Department.

(6) Upon receipt of an executed final loan agreement from the loan recipient, the Department will transmit the final loan agreement to the State Tax Commission for execution and return to the Department.

(7) Upon receipt of the executed final loan agreement from the State Tax Commission, the Department will transmit a copy to the loan recipient. Repayment of the WPCRLF loan will commence under the terms of the executed final loan agreement.

(8) If the project fails to perform properly at any time within the first year after the final construction observation performed by the Department, the loan recipient must immediately notify the Department of the reasons for lack of performance, submit an approvable schedule of corrective actions, and implement the corrective actions in accordance with the approved schedule.

H. Payments to WPCRLF Loan Recipients. Payments from the WPCRLF may be made under the following conditions:

(1) Payments may only be requested by and made to loan recipients, in accordance with the WPCRLF loan agreement and the loan recipient's executed and approved contracts for eligible and allowable services and construction, for work performed within the project scope and budget period.

(2) Payments may be requested no more often than on a monthly basis, except as allowed by the Department.

(3) The loan recipient must deduct from all WPCRLF payment requests the amount of funds provided or to be provided from all other state and federal agency funding sources for allowable WPCRLF project costs.

(4) Payment requests must be submitted by the loan recipient to the Department and must include the following:

(a) WPCRLF payment request form.

(b) Cumulative invoices, in accordance with the contracts for such work, for all costs for which payment is requested.

(c) Any other documents required by the loan agreement.

(5) The timing of WPCRLF payments to the loan recipient will be as follows, provided the loan recipient is in compliance with the requirements of these regulations and provisions of the WPCRLF loan agreement:

(a) Upon execution of the loan agreement all incurred facilities planning and application costs may be requested and paid. No further payments may be requested and paid except as allowed below.

(b) Payments for eligible land may be requested and paid immediately after loan agreement execution, if the Department has approved the purchase price and the loan recipient has submitted a bonafide option to purchase.

(c) Upon (1) approval of all plans, specifications, and contract documents, and (2) submittal of clear site certificates from the loan recipient and title counsel for all loan eligible and ineligible real property, costs incurred to date in accordance with the contracts for administration, engineering, legal, and any other professional services may be requested and paid. No further payments may be requested and paid except as allowed below.

(d) Upon receipt by the Department of all executed construction contract documents and notices(s) to proceed, costs incurred in accordance with the contracts for administration, engineering, legal, and any other professional services may be requested and paid.

(e) Payments for allowable construction work may be requested and paid based upon in-place work or delivered materials and equipment as specified in the construction contract and as supported by invoices and verified as accurate by the engineer and loan recipient, less any retainage.

(f) No more than 95% of all construction phase costs will be paid until submission of the determination of construction completion; performance of the final construction observation by the Department; submission of the final pay request; submission of approvable summary change orders on all construction contracts; submission of record drawings on all construction contracts; submission of the engineer's certification of compliance with plans, specifications and contract documents; submission of loan recipient's resolution of acceptance of each construction contract; submission of final professional services contract amendments, if any, and compliance with all other applicable provisions of the WPCRLF loan agreement. Upon completion of these actions, the remainder of all costs may be paid.

(6) Any payments made to the loan recipient which are at any time determined by the Department to be for costs not in accordance with the WPCRLF loan agreement, for ineligible or unallowable costs, or for costs apparently related to waste, fraud, abuse or illegal acts under state or federal law, must be repaid to the WPCRLF fund within 30 days of such notification by the Department. Interest may be charged on such delinquent repayments after expiration of the 30-day period at a rate of ten (10) percent per annum, compounded monthly. Alternatively, the Department may withhold such amounts including interest from subsequent payment requests.

I. WPCRLF Loan Repayment Requirements. All WPCRLF loan repayments are subject to the following requirements:

(1) Interest on amounts paid to the loan recipient will commence on the latest original construction contract completion date, or one year after initiation of the earliest construction contract, whichever occurs first.

(2) The amount of interest accrued between the date established in (1) above and the initiation of the repayment process will be added to the final allowable project costs to determine the principal amount to be repaid by the loan recipient.

(3) The term of the loan repayment will be from the time of transmittal of the final loan agreement to the loan recipient to the end of the term as established in the IUP under which the project is funded, or a reduced term if requested by the loan recipient.

(4) Repayments shall be made on a monthly basis and shall commence when determined by the Department. Repayments shall be made through monthly withholding of sales tax reimbursements or homestead exemption tax loss reimbursements in accordance with state law, if the amount of such reimbursement is sufficient to make the monthly payment. Otherwise, repayment shall be made by submission of monthly payments directly to the State.

(5) The repayment interest rate and the frequency of interest compounding will be as established in the IUP under which the project is funded.

J. Administrative Fee. An administrative fee in the amount of five percent (5%) of the final loan principal amount will be collected from the loan repayment amounts to defray the costs of administering the WPCRLF program. Beginning with the initiation of the repayment process and until such time that the total administrative fee is collected, the interest portion of each repayment will not be charged, and, in lieu of the interest portion, an equal amount of the repayment will be collected as the administrative fee.

Notes

11 Miss. Code. R. 6-6.3

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