11 Miss. Code. R. 6-7.2 - Program Requirements

A. Eligible Applicant Determination. To be eligible for financial assistance, an applicant must meet the definition of an eligible applicant as described in Appendix M of these regulations, as determined by the Department.

B. Intended Use Plan (IUP). In each fiscal year for which funds are available in the WPCRLF, the Commission will establish and publish an IUP in conformance with federal requirements. The IUP includes a mechanism developed by the Department to prioritize potential projects for uses of the available funds. The IUP describes the intended use of the funds in the WPCRLF and how the uses support the goals of the program.

C. Reserves. The Commission may reserve certain percentages of the State's federal Title VI allotment from each fiscal year for administration of the WPCRLF program and for planning under Sections 205(j) and 303(e) of the Act, consistent with the Act and state law. The Commission may also charge administrative fees to loan recipients for administration of the WPCRLF program, as established in each year's IUP.

D. Public Comment and Review. In accordance with the Act, the Commission will establish and provide for public comment on and review of the annual IUP. The Department may take into consideration any comments prior to adoption of the annual IUP. After adoption by the Commission, modification to these documents may be adopted by the Commission as provided for in the IUP without further public comment and review.

E. WPCRLF Uses. The fund may be used for the following purposes, or as established in the IUP, for a given fiscal year.

(1) To make loans to eligible applicants on the condition that:

(a) Such loans are made at or below market interest rates, at terms not to exceed 20 years after project completion, or for such period as may be allowed by federal law.

(b) The loan applicant shall establish a dedicated source of revenue for repayment of loans.

(c) The fund shall be credited with all payments of principal and interest on all loans.

(d) The loan applicant is in compliance with WPCRLF regulations.

(2) Under the conditions in (1) above, to refinance the debt obligation of loan recipients when such debt obligations were incurred and construction began on or after such date as established in the IUP for a given fiscal year. The loan applicant agrees that, by pursuing such a refinancing arrangement, it does so at its own risk and thereby relieves the Commission and Department of all responsibility and liability should costs later be determined unallowable for any reason or should funding not become available for any reason.

(3) As a source of revenue or security for the payment of principal and interest on revenue or general obligation bonds issued by the state if the proceeds of the sale of such bonds will be deposited in the WPCRLF and provided such authority is established in state law.

(4) For the reasonable costs of administering the WPCRLF program and conducting activities under Title VI of the Act.

(5) To earn interest on WPCRLF accounts.

F. WPCRLF Financial Assistance.

(1) The WPCRLF has been established to provide loans to eligible loan applicants for the purpose of funding:

(a) Construction of publicly owned treatment works as defined in Section 212 of the Act.

(b) Implementation of nonpoint source pollution management programs established under Section 319 of the Act.

(c) Development and implementation of estuary conservation and management plans under Section 320 of the Act.

(2) Basic financial assistance requirements are as follows:

(a) Section 212 projects shall be included on the fundable or planning portion of the Priority List in the current year's IUP.

(b) Terms of any financial assistance shall be as established in the IUP for the projects to be funded in each fiscal year and shall be further established in the loan agreement.

(c) The loan applicant or recipient shall comply with the requirements of the Act, as amended, all applicable state laws, requirements, regulations, and the annual IUP.

(d) The applicant must not be in violation of any provisions of a previously awarded WPCRLF, WPCELF or WPALP loan agreement.

(e) The applicant must not be in arrears in repayments to the WPCRLF, the WPCELF, the WPALP or on any other loan.

(f) Funds will not be disbursed to loan recipients until the loan recipient has entered into a WPCRLF loan agreement with the Department.

(g) The WPCRLF program will provide assistance only to projects that are consistent with any water quality management plans developed under sections 205(j), 208, 303(e), 319 and 320 of the Act as applicable.

G. State Capitalization Grant Application. After the Commission adopts each annual IUP, the Executive Director may submit the IUP with an application to the appropriate federal agency for any available federal funds.

H. WPCRLF Program Administration. The WPCRLF Program will be administered by the Commission acting through the Department, in accordance with the Act, applicable federal regulations, state law and these regulations.

I. Responsibility. The applicant/loan recipient is responsible for compliance with all applicable state and federal laws and regulations, and for the proper planning, design, construction, operation, maintenance, replacement, performance, and fiscal integrity of the project. The Department's approval of any document does not relieve the applicant/loan recipient or any others of any liabilities or responsibilities. Department review and/or approval of any document is for loan eligibility/allowability purposes and does not establish or convey any such liability or responsibility.

J. Other Approvals. The applicant/loan recipient must obtain approval of all necessary documents from each state, local, and federal agency having jurisdiction over or funding in the project, if so required by that agency.

Notes

11 Miss. Code. R. 6-7.2

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