Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 6 - Wastewater Pollution Control Regulations › Chapter 7 - Mississippi Commission on Environmental Quality Water Pollution Control Revolving Loan Fund Program Regulations › Rule 11-6-7.1 - Introductory Provisions

Current through June 25, 2024
A. Scope of
				Regulations. These regulations, adopted pursuant to Sections
				49-17-81
				through 89, Mississippi Code of 1972, as amended, shall govern the Mississippi
				Water Pollution Control Revolving Loan Fund (WPCRLF) Program. These WPCRLF
				regulations may be superceded by the WPCRLF loan agreement when such a variance
				is determined prudent by the Executive Director and when not in conflict with
				any state or federal law, regulation, or executive order.
B. Federal Equivalence and Cross-Cutter
				Requirements. Federal regulation
				40 CFR
				35.3135(f) requires that
				"equivalency" projects funded under the State Water Pollution Control Revolving
				Fund must comply with sixteen specific requirements of Title II (the EPA
				Construction Grants Program) of the Federal Water Pollution Control Act.
				"Equivalency" projects are generally defined as wastewater projects constructed
				with funds which equal the amount of the federal grants to the State for this
				program.
Similarly,
				  40 CFR
				  35.3145 requires that the State must also
				  require all recipients of funds which equal the amount of the federal grants to
				  the State to comply with certain other "cross-cutting" federal authorities.
				  Cross-cutting authorities are federal laws and authorities that apply to these
				  projects independent of the federal Water Pollution Act and subsequent
				  amendments.
Since the beginning of this program in FY-89 and continuing
				  through FY-00, the Department required that all projects receiving loan funding
				  meet federal equivalency and cross-cutter requirements and has banked the
				  amount of these loan awards in excess of the federal capitalization grants
				  toward meeting equivalency and cross-cutter requirements of future federal
				  capitalization grants. Accordingly, the Department has determined that
				  beginning in FY-01, projects funded in this program will not be required to
				  meet all federal equivalency and cross-cutter requirements, and this practice
				  will continue until the banked equivalency requirements are exhausted.
Thus, almost all of these federal equivalency and
				  cross-cutter requirements are excluded from these regulations. However, certain
				  of these requirements have been retained in order to secure a reasonable
				  assurance that the Department funds projects that are environmentally sound,
				  that the loan recipient can construct, operate, and maintain the project and
				  repay the loan, that these public funds are adequately protected and expended
				  only for their intended purpose, and as otherwise required by federal law and
				  regulations. Also, certain federal requirements are mandatory for all projects
				  and are listed in Appendix J.
Miss. Code
				  §§
										49-17-81
				  through
				  49-17-89,
				  49-2-1, et
				  seq. and 49-17-1, et seq.