reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 6 - Wastewater Pollution Control Regulations › Chapter 1 - Mississippi Commission on Environmental Quality National Pollutant Discharge Elimination System (NPDES) Permits, Underground Injection Control (UIC) Permits, State Permits, Water Quality Based Effluent Limitations and Water Quality Certification › Subchapter 3 - Water Quality Certification of Activities Requiring Federal Licenses or Permits › Exhibit 11-6-1-3-A to Chapter 1, Subchapter 3 - CRITERIA FOR THE SITING AND DESIGN OF EXCAVATED CANALS

Current through June 25, 2024
I. Criteria for
				  Canal Design and Siting
(a) Canals shall not
				  be constructed or excavated in wetlands, creeks or natural drainage
				  ways.
(b) Canals should all have
				  two or more connections to the parent body of water to allow greater flow
				  through the system.
(c) Canals
				  shall not be box cut. Slopes of canal banks shall be one vertical to three
				  horizontal or flatter to promote colonization by littoral vegetation, which
				  provides nutrient uptake, habitat and bank stabilization. Any bulkheading shall
				  be done above ordinary high water.
(d) Canals shall be no deeper than -4 to -5
				  feet normal water level due to problems with incomplete mixing, poor
				  reaeration, stratification, and depressed dissolved oxygen associated with
				  excessive depths.
(e) Excavation
				  resulting in ridges or depressions within the canal shall be avoided due to
				  limitations on water exchange.
(f)
				  Where feasible, canal projects shall be located on the run of a river rather
				  than in a pool and backwater segment.
(g) Canals shall be designed to maximize
				  wind-induced mixing and other natural forms of reaeration. For example, the
				  longest dimension of the canal should be oriented with prevailing winds.
				  Complex geometric designs shall be avoided and keyhole boat slips shall not be
				  placed off of the canal. The minimum bottom width of a canal shall be 100 feet
				  in order to allow for reaeration.
(h) Where feasible, designs shall have an
				  enlarged surface area (a pool or embayment) which is shallower than the canal
				  at the landward terminus. This design results in better water quality due to
				  the enhanced effects of wind reaeration in the pool and in creased flow because
				  of the storage area in the pool.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 6 - Wastewater Pollution Control Regulations › Chapter 1 - Mississippi Commission on Environmental Quality National Pollutant Discharge Elimination System (NPDES) Permits, Underground Injection Control (UIC) Permits, State Permits, Water Quality Based Effluent Limitations and Water Quality Certification › Subchapter 3 - Water Quality Certification of Activities Requiring Federal Licenses or Permits › Exhibit 11-6-1-3-B to Chapter 1, Subchapter 3 - FRESHWATER AND COASTAL MARINA GUIDELINES

Current through June 25, 2024
I. Siting Criteria
A. Marinas shall be located in areas that
				  eliminate or minimize the loss of wetland vegetation.
B. Marinas shall not be sited in open
				  shellfish harvesting waters.
C.
				  Marina design shall not disrupt normal water circulation patterns or restrict
				  tidal flow in adjacent water bodies.
D. Marina basins shall provide for water
				  circulation and be designed to accommodate tidal flushing by incorporating flow
				  through breakwaters or similar structures.
E. Marina basins excavated from uplands shall
				  be designed to optimize tidal flushing and internal circulation.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 6 - Wastewater Pollution Control Regulations › Chapter 1 - Mississippi Commission on Environmental Quality National Pollutant Discharge Elimination System (NPDES) Permits, Underground Injection Control (UIC) Permits, State Permits, Water Quality Based Effluent Limitations and Water Quality Certification › Subchapter 3 - Water Quality Certification of Activities Requiring Federal Licenses or Permits › Exhibit 11-6-1-3-C to Chapter 1, Subchapter 3 - SAND AND GRAVEL BAR MINING IN-THE-DRY

Current through June 25, 2024
1. The only
				  vehicles/equipment on the sandbar shall be loading equipment and off-road
				  hauling equipment. All highway vehicles shall remain on the access
				  road.
2. The stream banks shall
				  remain sloped and intact. Any disturbance shall be repaired.
3. Vegetation on the stream bank shall remain
				  undisturbed except for a minimum area (normally less than 20 feet in width)
				  necessary for ingress and egress to the site.
4. The stream bottom shall remain
				  intact.
5. The mining activity
				  shall be conducted in the dry. A natural undisturbed area of at least 15 feet
				  in width shall be left between the mining activity and the stream flow. No
				  equipment shall be allowed to operate in the undisturbed area.
6. Measures shall be taken to prevent erosion
				  and sedimentation.
7. In no event
				  shall a sand bar adjacent to a previously mined sand bar be mined until the
				  previously mined sand bar has substantially replenished to pre-mining
				  conditions. Additionally, sand bars less than one river mile apart shall not be
				  mined concurrently.
8. No mining
				  activity shall be conducted at sharply angled bendways (90° or more change
				  in direction) unless the applicant has demonstrated to the Department that
				  there is no significant potential of bisecting the point bar and altering the
				  existing flow pattern.
9. No mining
				  activity shall be conducted on mid-channel sand bars.
10. Vegetation and debris disturbed during
				  the mining activity shall be removed to an upland location and placed in such a
				  manner as to prevent re-entry into the stream.
11. Mined material shall not be stored or
				  stockpiled within the banks of the stream, except for a limited quantity for
				  daily operation.
12. No rubbish,
				  trash, oil, lubricating material, or other pollutants shall be stored within
				  the banks of the stream or be placed in a location where they are likely to
				  cause pollution of any waters of the State.
13. When work is completed in an area, normal
				  physical characteristics of the work area shall be restored, to the extent
				  practicable, without causing additional disturbance. The site shall be graded
				  to smooth contours while maintaining the integrity of the undisturbed areas and
				  the stream bank.
14. The Department
				  may require additional conditions and limitations necessary to protect water
				  quality.
Miss. Code Ann.
					 §§
											49-2-1, et
					 seq. and 49-17-1, et seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 6 - Wastewater Pollution Control Regulations › Chapter 1 - Mississippi Commission on Environmental Quality National Pollutant Discharge Elimination System (NPDES) Permits, Underground Injection Control (UIC) Permits, State Permits, Water Quality Based Effluent Limitations and Water Quality Certification › Subchapter 3 - Water Quality Certification of Activities Requiring Federal Licenses or Permits › Exhibit 11-6-1-3-D to Chapter 1, Subchapter 3 - STORM WATER RUNOFF PLAN

Current through June 25, 2024
1. Appropriate installation of erosion and
				  sediment controls shall be required during the construction phase.
2. Approximately the first half inch (0.5) of
				  storm water runoff from impervious surfaces (ex. parking lots) shall be
				  temporarily ponded on site and treated through infiltration, settling and
				  evapotranspiration.
3.
				  Grassed/sanded areas and grassed waterways shall be incorporated into the
				  drainage / landscape design to provide maximum opportunity for infiltration and
				  filtration of storm water runoff.
4. Buffer zones shall be maintained on the
				  project perimeter where possible to provide treatment of overland flow before
				  leaving site (minimum 15 feet).
5.
				  The Department may include additional requirements necessary to protect water
				  quality.
Miss. Code Ann.
					 §§
											49-2-1, et
					 seq. and 49-17-1, et seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 6 - Wastewater Pollution Control Regulations › Chapter 1 - Mississippi Commission on Environmental Quality National Pollutant Discharge Elimination System (NPDES) Permits, Underground Injection Control (UIC) Permits, State Permits, Water Quality Based Effluent Limitations and Water Quality Certification › Subchapter 3 - Water Quality Certification of Activities Requiring Federal Licenses or Permits › Exhibit 11-6-1-3-E to Chapter 1, Subchapter 3 - CRITERIA FOR CERTAIN EXISTING COASTAL SUBDIVISIONS ORIGINALLY PLATTED IN LANDS WHICH, BECAUSE OF THE PASSAGE OF THE FEDERAL ACT AND RELATED LAWS AND/OR REGULATIONS, ARE PRESENTLY UNSUITABLE FOR DEVELOPMENT

Current through June 25, 2024
1. House fill shall
				  be limited to one foot beyond the "drip line" around the house or 1,500 square
				  feet, whichever is smaller.
2.
				  Driveway fill shall not exceed 500 square feet. If surface drainage will be
				  impaired, appropriate culverts must be provided.
3. Bulkheads, if allowed, shall be
				  constructed no further water-ward than mean high tide.
4. State Department of Health approval shall
				  be required on all individual home disposal systems.
5. Fill material must be confined /
				  stabilized to prevent intrusion into adjoining waters.
6. The lot must be directly accessible by an
				  existing improved road or street along which at least one dwelling has been
				  constructed.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 6 - Wastewater Pollution Control Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations for Water Quality Criteria For Intrastate, Interstate, And Coastal Waters › Rule 11-6-2.2 - Minimum Conditions Applicable to All Surface Waters of the State

Current through June 25, 2024
A.
Narrative
				Standards:
(1) Waters shall be
				free from substances attributable to municipal, industrial, agricultural, or
				other discharges that will settle to form putrescent or otherwise objectionable
				sludge deposits.
(2) Waters shall
				be free from floating debris, oil, scum, and other floating materials
				attributable to municipal, industrial, agricultural, or other discharges in
				amounts sufficient to be unsightly or deleterious.
(3) Waters shall be free from materials
				attributable to municipal, industrial, agricultural, or other discharges
				producing color, odor, taste, total suspended or dissolved solids, sediment,
				turbidity, or other conditions in such degree as to create a nuisance, render
				the waters injurious to public health, recreation, or to aquatic life and
				wildlife, or adversely affect the palatability of fish, aesthetic quality, or
				impair the waters for any designated use. Except as prohibited in Rule 2.5.C.,
				the turbidity outside the limits of a 750-foot mixing zone shall not exceed the
				background turbidity at the time of discharge by more than 50 Nephelometric
				Turbidity Units (NTU). Exemptions to the turbidity standard may be granted
				under the following circumstances:
(a) in
				cases of emergency to protect the public health and welfare
(b) for environmental restoration projects
				which will result in reasonable and temporary deviations and which have been
				reviewed and approved by the Department of Environmental Quality.
(4) Waters shall be free from
				substances attributable to municipal, industrial, agricultural, or other
				discharges in concentrations or combinations that are toxic or harmful to
				humans, animals, or aquatic life. Specific requirements for toxicity are found
				in Rule 2.2.F.
(5) Municipal
				wastes, industrial wastes, or other wastes shall receive effective treatment or
				control in accordance with Section 301, 306, and 307 of the Clean Water Act. A
				degree of treatment greater than defined in these sections may be required when
				necessary to protect designated uses.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 6 - Wastewater Pollution Control Regulations › Chapter 3 - Mississippi Commission on Environmental Quality Regulations for the Certification of Municipal and Domestic Wastewater Facility Operators › Rule 11-6-3.1 - General

Current through June 25, 2024
A. These regulations are promulgated under
				the authority provided by Miss. Code Ann. Section
				21-27-207.
B. Miss. Code Ann. Section
				21-27-211
				requires that beginning on July 1, 1987, all municipal and domestic wastewater
				treatment plants be operated by persons who are certified as qualified to
				operate such facilities.
C.
				Certificates shall be valid for three (3) years, unless revoked or invalidated
				for cause.
D. In the event of
				temporary loss of an operator, notice shall be immediately given to the
				Department and the continued operation of such facility without a certified
				operator may proceed on an interim basis for a period not to exceed one hundred
				eighty (180) days, except for good cause shown upon petition to the
				Department.
E. These regulations do
				not pertain to a wastewater treatment facility treating wastewater generated
				solely by an industry and owned and operated by said industry.
Miss. Code Ann.
				  §§
										21-27-201,
				  et seq., 49-2-1, et seq. and 49-17-1, et seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 6 - Wastewater Pollution Control Regulations › Chapter 3 - Mississippi Commission on Environmental Quality Regulations for the Certification of Municipal and Domestic Wastewater Facility Operators › Rule 11-6-3.3 - Classification of Wastewater Facilities

Current through June 25, 2024
A. Wastewater
				facilities shall be classified in accordance with criteria outlined below.
The facility operator must be certified at a level
				  equivalent to or higher than the facility classification.
CLASS
FACILITY DESIGN
CAPACITY
I-C
Collection only (voluntary)
up to 1,000,000 GPD (1.0 MGD)
II-C
Collection only (voluntary)
greater than 1,000,000 GPD (1.0 MGD)
I
Waste Stabilization Lagoon Septic Tank-Sand
							 Filter
All
II
Aerated Lagoon Trickling Filter Activated
							 Sludge
All
less than 300,000 GPD (0.3 MGD)
less than 100,000 GPD (0.1 MGD)
III
Trickling Filter Activated Sludge
300,000 to 3,000,000 GPD (0.3 to 3.0 MGD)
100,000 to 2,000,000 GPD (0.1 to 2.0
							 MGD)
IV
Trickling Filter Activated Sludge
greater than 3,000,000 GPD (3.0 MGD)
greater than 2,000,000 GPD (2.0 MGD)
B.
				Special cases which do not fall within the guidelines shall be considered on an
				individual basis and classified by the Department.
Miss. Code Ann.
				  §§
										21-27-201,
				  et seq., 49-2-1, et seq. and 49-17-1, et seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 6 - Wastewater Pollution Control Regulations › Chapter 3 - Mississippi Commission on Environmental Quality Regulations for the Certification of Municipal and Domestic Wastewater Facility Operators › Rule 11-6-3.4 - Certification Requirements

Current through June 25, 2024
A. Operator
				Qualifications for Certification
(1) Class IV
(a) The applicant must have at least a
				bachelor's degree in engineering, biological sciences, mathematics, chemistry,
				or physics from an accredited college or university, at least one (1) year of
				experience in a Class IV wastewater facility, pass the required written
				examination and submit two (2) professional references, or
(b) The applicant must be a graduate of an
				accredited high school, or equivalent (GED) have at least six (6) years
				experience in a Class IV or Class III wastewater facility, of which one (1)
				year must be in a Class IV plant, pass the required examination and submit two
				(2) professional references.
(c) No
				individual shall be allowed to sit for a Class III or Class IV examination
				without proof of having taken and passed a Class II examination.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 6 - Wastewater Pollution Control Regulations › Chapter 3 - Mississippi Commission on Environmental Quality Regulations for the Certification of Municipal and Domestic Wastewater Facility Operators › Rule 11-6-3.5 - Operator Responsibilities

Current through June 25, 2024
A. Certified
				operators in charge of wastewater facilities must personally visit said
				facilities at a sufficient frequency and duration to perform such tasks as may
				be required by the permit and to ensure proper operation and management of said
				wastewater facilities. Unless otherwise stated in the facility's permit or an
				order of the Commission, certified operators in charge of wastewater facilities
				shall visit the facilities, as a minimum, according to the following schedule:
Class I Facility
One (1) day per week
Class II Facility
Two (2) days per week
Class III Facility
Three (3) days per week
Class IV Facility
Five (5) days per week
B.
				Certified operators in charge of wastewater facilities shall be thoroughly
				familiar with all monitoring and reporting requirements mandated by the
				facility's permit and shall ensure said facility complies with these
				requirements.
C. Certified
				operators in charge of wastewater facilities must maintain written
				documentation of each facility visit. Documentation of facility visits shall be
				made available to the Department upon request.
Miss. Code Ann.
				  §§
										21-27-201,
				  et seq., 49-2-1, et seq. and 49-17-1, et seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 6 - Wastewater Pollution Control Regulations › Chapter 3 - Mississippi Commission on Environmental Quality Regulations for the Certification of Municipal and Domestic Wastewater Facility Operators › Rule 11-6-3.7 - Revocation or Suspension of Certificates

Current through June 25, 2024
A. The Commission
				may revoke or suspend the certificate of an operator, following a hearing
				before the Commission, when it is found that the operator:
(1) has practiced fraud or deception,
(2) fails to use reasonable care,
				judgment, and/or apply knowledge in the performance of duties,
(3) is incompetent or unable to properly
				perform duties,
(4) knowingly
				submits false or inaccurate information for issuance or renewal of a
				certificate under these regulations,
(5) willfully fails to comply with the
				conditions of the certificate issued by the Commission, or
(6) violates any provision of these
				regulations, the Municipal and Domestic Water and Wastewater System and
				Nonhazardous Solid Waste Management Facilities Operator's Certification Act of
				1992, or any applicable Rule, regulation or written order of the Commission.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 6 - Wastewater Pollution Control Regulations › Chapter 3 - Mississippi Commission on Environmental Quality Regulations for the Certification of Municipal and Domestic Wastewater Facility Operators › Rule 11-6-3.8 - Enforcement and Appeals

Current through June 25, 2024
Enforcement and appeals shall be in accordance with the
				  Municipal and Domestic Water and Wastewater System and Nonhazardous Solid Waste
				  Management Facilities Operator's Certification Act of 1992.
Miss. Code Ann.
				  §§
										21-27-201,
				  et seq., 49-2-1, et seq. and 49-17-1, et seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 6 - Wastewater Pollution Control Regulations › Chapter 4 - Mississippi Commission on Environmental Quality State Revolving Fund Loan Program Regulations (Effective for Projects Funded Prior to 10/1/2000) › Rule 11-6-4.2 - Program Requirements

Current through June 25, 2024
A. Eligible
				Applicant Determination. To be eligible for financial assistance, an applicant
				must meet the definition of an eligible applicant as described in Rule
				4.1.C.(17) of this regulation, as
				determined by the Department.
B.
				Obligation Period. Federal funds allotted to the State shall be available for
				obligation for a period of one year after the close of the federal fiscal year
				for which the funds are authorized.
C. Reserves. The Commission shall reserve a
				percentage of the State's Title VI SRF allotment from each fiscal year for
				administration of the fund and for planning under Sections 205(j) and 303(e) of
				the Act, consistent with the Act and state law.
D. Public Comment and Review. In accordance
				with the Act, the Commission shall provide for public comment and review to
				consider adoption of the annual intended use plan, the priority list, and the
				priority system. After adoption by the Commission, modifications to these
				documents may be adopted by the Commission as provided for in the Intended Use
				Plan without further public comment and review.
E. Types of Assistance. The fund may be used
				for the following purposes, subject to that established in the Intended Use
				Plan for a given fiscal year.
(1) To make
				loans on the condition that:
(a) Such loans
				are made at or below market interest rates, at terms not to exceed 20
				years.
(b) Monthly principal and
				interest payments will commence as further described in Rule
				4.3.H. of this regulation, and all
				loans will be fully amortized not later than 20 years after project
				completion.
(c) The recipient of a
				loan will establish a dedicated source of revenue for repayment of
				loans.
(d) The fund will be
				credited with all payments of principal and interest on all loans.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 6 - Wastewater Pollution Control Regulations › Chapter 4 - Mississippi Commission on Environmental Quality State Revolving Fund Loan Program Regulations (Effective for Projects Funded Prior to 10/1/2000) › Rule 11-6-4.3 - Project Requirements

Current through June 25, 2024
Until such time as the State satisfies the Title II funding
				  limitations described in Rule
				  4.2.G.
				  of this regulation, all wastewater projects (as described in Section 212 of the
				  Act) funded by the SRF must comply with the Title II requirements of Rule
				  4.2.G.
				  and the crosscutting requirements in Appendix H. In addition, the following
				  project requirements also apply:
A.
				Facilities Planning.
(1) Preplanning
				Conference. Potential applicants and/or their consulting engineer shall request
				and attend a preplanning conference with the Department staff as early in the
				planning process as practical. During the conference the staff will provide
				information, advice, instruction, and guidance on the scope of work and level
				of effort needed to define eligible projects, in order to ensure that the
				applicant expeditiously complies with the facilities planning requirements
				dictated by the Act and State regulations. All facilities plans must be
				prepared by or under the responsible supervision of a professional engineer,
				registered under Mississippi law.
(2) Contents of Facilities Plan. All
				facilities plans must contain that described in the Department's guidance for
				SRF facilities plans, including all updates, and as may be required by
				Department staff pursuant to review of the facilities plan. The facilities plan
				must also be prepared in accordance with Appendices A, B, C, H, I, K, M, and N
				of this regulation. Should an applicant desire to omit or modify a portion of
				the facilities plan as required by the Department's guidance for SRF facilities
				plans, approval by the Department staff must be obtained prior to completion
				and submission of the facilities plan. The facilities plan must also include a
				financial capability analysis in accordance with Department guidance. The
				facilities plan must bear the seal of the registered professional engineer
				responsible for preparation of this document.
(3) Environmental Review Process. Prior to
				approval of the facilities plan, the Department staff will complete the
				appropriate portions of the environmental review procedure described in
				Appendix C of this regulation, based upon the evaluation of environmental
				impacts of the selected alternative as described in the facilities
				plan.
(4) Approval of Facilities
				Plan. The Department staff will approve the facilities plan after completing
				the appropriate environmental review procedure and after determining that all
				facilities planning requirements have been met and are approvable.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 6 - Wastewater Pollution Control Regulations › Chapter 4 - Mississippi Commission on Environmental Quality State Revolving Fund Loan Program Regulations (Effective for Projects Funded Prior to 10/1/2000) › Appendix 11-6-4-D - Procurement Requirements for SRF Loan Recipients

Current through June 25, 2024
In the procurement of all construction, equipment, material,
				  supplies, professional services and non-professional services and all other
				  costs related to the SRF project, all loan recipients shall comply with all
				  applicable sections of the Mississippi Code of 1972, Annotated.
If funds will be received from other agencies, the loan
				  recipient shall review that agency's procurement requirements and follow
				  whichever is more stringent.
The procurement and conduct of all professional engineering
				  and land surveying services shall be in accordance with the Code of Conduct and
				  other guidance and interpretations established by the Mississippi State Board
				  of Registration for Professional Engineers and Land Surveyors.
The procurement of all construction contracts shall be in
				  accordance with the rules and regulations of the State Board of Contractors and
				  other guidance and interpretations established by the Mississippi State Board
				  of Contractors.
All loan recipients shall submit a procurement certification,
				  as required by the Department staff, indicating that all of the above
				  referenced requirements have been met. Should it be determined that any of the
				  procurement requirements are violated, the Department may determine that the
				  related costs are unallowable and may require repayment of all SRF Loan funds
				  paid for such costs, in accordance with Rule
				  4.3.G.(6). of the SRF
				  regulations.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 6 - Wastewater Pollution Control Regulations › Chapter 4 - Mississippi Commission on Environmental Quality State Revolving Fund Loan Program Regulations (Effective for Projects Funded Prior to 10/1/2000) › Appendix 11-6-4-E - SRF Minority and Women's Business Enterprise Requirements (MBE/WBE)

Current through June 25, 2024
EPA has determined that requirements for the participation of
				  minority and women owned businesses will apply to SRF assistance in an amount
				  equal to the state capitalization grants. To attain compliance with MBE/WBE
				  requirements, the State and EPA shall negotiate an overall "fair share"
				  objective for MBE/WBE participation on the SRF funded activities. A fair share
				  objective should be based on the amount of the state capitalization grant award
				  or other state established goals or standards. This fair share objective will
				  be accomplished by requiring all such projects funded with SRF assistance to
				  undertake the six affirmative steps described in federal regulation 40 CFR,
				  Part 33.240.
For convenience, this federal regulation is included below
				  as a part of Appendix E:
Section 33.240: Small, minority, women's, and labor surplus
				  area businesses.
(a) It is EPA policy to award a fair share of subagreements
				  to small, minority, and women's businesses. The recipient must take affirmative
				  steps to assure that small, minority, and women's businesses are used when
				  possible as sources of supplies, construction and services. Affirmative steps
				  shall include the following:
(1) Including qualified small, minority, and women's
				  businesses on solicitation lists;
(2) Assuring that small, minority, and women's businesses are
				  solicited whenever they are potential sources;
(3) Dividing total requirements, when economically feasible,
				  into small tasks or quantities to permit maximum participation of small,
				  minority, and women's businesses;
(4) Establishing delivery schedules, where the requirements
				  of the work permit, which will encourage participation by small, minority, and
				  women's businesses;
(5) Using the services and assistance of the Small Business
				  Administration and the Office of Minority Business Enterprise of the U.S.
				  Department of Commerce, as appropriate; and
(6) If the contractor awards subagreements, requiring the
				  contractor to take the affirmative steps in paragraphs (a)(1) through (5) of
				  this Rule.
(b) {Reserved}
(c) EPA encourages recipients to procure supplies and
				  services from labor surplus area firms.
Minority and women's business enterprises must comply with
				  the definitions contained in federal regulation 40 CFR, Part
				  33.005.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 6 - Wastewater Pollution Control Regulations › Chapter 4 - Mississippi Commission on Environmental Quality State Revolving Fund Loan Program Regulations (Effective for Projects Funded Prior to 10/1/2000) › Appendix 11-6-4-F - Debarment and Suspension

Current through June 25, 2024
SRF loan recipients are prohibited from entering into
				  contractual agreements with individuals or organizations that have been
				  debarred or suspended by the Environmental Protection Agency, any other federal
				  or state agency, or by the Department. Individuals and/or businesses that have
				  been debarred or suspended are identified in the General Services
				  Administration (GSA) publication entitled "List of Parties Excluded from
				  Federal Procurement or Nonprocurement Program." This list, along with
				  information concerning debarment and suspension actions by the State, is
				  available from the Office of Pollution Control.
The loan recipient is responsible for ensuring that the
				  prime contractor utilized on the project is not on the federal or state
				  debarment lists. Likewise, the prime contractor is responsible for ensuring
				  that the subcontractors utilized on the project are not on the federal or state
				  debarment lists.
Anyone may contact the Executive Director concerning the
				  existence of a cause for debarment or suspension. The Executive Director may
				  refer the matter to the State Attorney General or other appropriate office for
				  further investigation. If, after review or investigation, the Executive
				  Director reasonably believes that a cause for debarment exists, the Executive
				  Director may propose debarment or suspension and may initiate procedures
				  similar to, but not necessarily identical to, federal regulation 40 CFR, Part
				  32: Debarment and Suspension Under EPA Assistance Programs.
Such above described debarment or suspension actions shall
				  not affect existing executed contractual agreements, unless such agreements
				  have been terminated or suspended under the terms of the agreement by the loan
				  recipient.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 6 - Wastewater Pollution Control Regulations › Chapter 4 - Mississippi Commission on Environmental Quality State Revolving Fund Loan Program Regulations (Effective for Projects Funded Prior to 10/1/2000) › Appendix 11-6-4-G - SRF Disputes Procedures

Current through June 25, 2024
Only SRF loan recipients may submit a notice of dispute
				  (disagreement) with a decision made by the Department, with the exception of
				  that allowed by the resolution of adverse comments procedures included within
				  the environmental review process of Appendix C. The following procedures will
				  be used to resolve disputes between the loan recipient and the Department:
a. The loan recipient must submit a written notice of dispute
				  with a Department decision, including a summary of the dispute and reasons for
				  why the loan recipient believes the Department decision should be
				  reversed.
b. The Department staff will then render a written decision
				  on the dispute and will include reasons for the decision.
c. Should the loan recipient desire to appeal the Department
				  staff decision, a request for an informal hearing must be received by the
				  Department within 30 days after the date of the Department staff decision. Upon
				  receipt of such a request, an informal hearing will be held with staff members,
				  as designated by the Head of the Office of Pollution Control, and the affected
				  parties. The Office Head, or his designee, will render a decision on the appeal
				  as a result of the informal hearing.
d. Should the loan recipient desire to appeal the above
				  informal hearing decision, a request for a formal hearing before the Commission
				  on Environmental Quality must be received by the Department within 30 days
				  after the date of such decision. Upon receipt of such a request, the Commission
				  on Environmental Quality will hold a formal hearing to consider the matter, and
				  will render a decision.
e. Appeals of the above formal hearing decision may be made
				  to the Chancery Court in accordance with state law.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 6 - Wastewater Pollution Control Regulations › Chapter 4 - Mississippi Commission on Environmental Quality State Revolving Fund Loan Program Regulations (Effective for Projects Funded Prior to 10/1/2000) › Appendix 11-6-4-H - Cross-Cutting Federal Laws and Authorities

Current through June 25, 2024
A number of other federal laws and authorities that are not
				  included in the list of federal Title II requirements outlined in Section II.G.
				  of this regulation also apply to projects and activities funded by funds
				  directly made available by capitalization grants to the state. These other
				  federal laws and authorities apply by virtue of their own authority and are
				  referred to as cross-cutting federal laws and authorities and are listed
				  below:
Environmental
:
- Archeological and Historic Preservation Act of 1974, PL
				  93-291
- Clean Air Act,
				  42 U.S.C.
				  7506(c)
- Coastal Barrier Resources Act,
				  16 U.S.C.
				  3501 et seq..
- Coastal Zone Management Act of 1972, PL 92-583, as
				  amended
- Endangered Species Act
				  16
				  U.S.C. 1531, et seq..
- Executive Order 11593, Protection and Enhancement of the
				  Cultural Environment
- Executive Order 11988, Floodplain Management
- Executive Order 11990, Protection of Wetlands
- Farmland Protection Policy Act,
				  7 U.S.C. 4201
				  et seq..
- Fish and Wildlife Coordination Act, PL 85-624, as
				  amended
- National Historic Preservation Act of 1966, PL 89-665, as
				  amended
- Safe Drinking Water Act, Section 1424 (e), PL 92-523, as
				  amended
- Wild and Scenic Rivers Act, PL 90-542, as amended
- Historic Sites Act of 1935, PL 74-292
Economic
:
- Davis-Bacon Act and Associated Labor Laws
- Demonstration Cities and Metropolitan Development Act of
				  1966, PL 89-754, as amended
- Section 306 of the Clean Air Act and Section 508 of the
				  Clean Water Act, including Executive Order 11738, Administration of the Clean
				  Air Act and the Federal Water Pollution Control Act with Respect to Federal
				  Contracts, Grants, or Loans
Social Legislation
:
- Age Discrimination Act, PL 94-135
- Civil Rights Act of 1964, PL 88-352
- Section 13 of PL 92-500; Prohibition against sex
				  discrimination under the Federal Water Pollution Control Act
- Executive Order 11246, Equal Employment Opportunity
- Executive Orders 11625 and 12138, Women's and Minority
				  Business Enterprise
- Rehabilitation Act of 1973, PL 93-112 (including Executive
				  Orders 11914 and 11250)
Miscellaneous Authority
:
- Uniform Relocation and Real Property Acquisition Policies
				  Act of 1970, PL 91-646
- Executive Order 12549 - Debarment and Suspension
- Tax Reform Act of 1986
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 6 - Wastewater Pollution Control Regulations › Chapter 4 - Mississippi Commission on Environmental Quality State Revolving Fund Loan Program Regulations (Effective for Projects Funded Prior to 10/1/2000) › Appendix 11-6-4-I - Waste, Fraud, and Abuse

Current through June 25, 2024
It is the loan recipient's responsibility for preventing,
				  detecting, and prosecuting waste, fraud, abuse, and all other corrupt practices
				  which occur in relation to the SRF loan project.
If the loan recipient becomes aware of allegations, evidence,
				  or the appearance of corrupt practices, the loan recipient must:
a. Immediately inform the Department in writing.
b. Promptly pursue available state and local legal,
				  administrative, and contractual remedies.
The Department may disallow costs under the SRF loan
				  agreement where it is determined that such costs are related to waste, fraud,
				  abuse or other corrupt practices. The Department may also require repayment of
				  SRF loan funds paid for such costs in accordance with Rule
				  4.3.G.(6) of this
				  regulation.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 6 - Wastewater Pollution Control Regulations › Chapter 4 - Mississippi Commission on Environmental Quality State Revolving Fund Loan Program Regulations (Effective for Projects Funded Prior to 10/1/2000) › Appendix 11-6-4-J - SRF Loan Recipient Accounting and Auditing Procedures

Current through June 25, 2024
All SRF loan recipients must maintain project accounts in
				  accordance with generally accepted government accounting standards, as defined
				  by the Guidelines of the Municipal Accounting and Audit Manual, as prescribed
				  by the State Auditor's Office. Charges to the project account must be properly
				  supported, related to eligible construction costs, and documented by
				  appropriate records. These project accounts must be maintained as separate
				  accounts.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 6 - Wastewater Pollution Control Regulations › Chapter 4 - Mississippi Commission on Environmental Quality State Revolving Fund Loan Program Regulations (Effective for Projects Funded Prior to 10/1/2000) › Appendix 11-6-4-L - SRF Procurement Protest Procedures

Current through June 25, 2024
This Appendix sets forth the process for the resolution of
				  procurement protests filed with the loan recipient by an adversely affected
				  party.
(a) Prior to advertisement for such awards, the loan
				  recipient shall establish its own procedures for prompt consideration of
				  initial protests concerning solicitations or subagreement awards. A "protest"
				  is a written complaint concerning the recipient's solicitation or award of a
				  subagreement. It must be filed with the recipient by a party with a direct
				  financial interest adversely affected by a recipient's procurement action, and
				  must be filed in accordance with and within the time frame established by the
				  recipient's protest procedures.
(b) Any party which transmits any document concerning the
				  protest during the course of a protest and protest resolution must
				  simultaneously furnish all other affected parties and the Department with a
				  copy of all documents in the transmittal.
(c) Upon receipt of a protest, the loan recipient must make a
				  determination on the protest in accordance with the recipient's protest
				  procedures within thirty (30) days after such receipt, or sooner if so required
				  by the recipient's procurement protest procedures.
(d) The party with a direct financial interest adversely
				  affected by a loan recipient's determination of the protest may appeal such a
				  determination only through the appropriate court of competent jurisdiction,
				  provided such appeal is initiated within seven (7) calendar days after receipt
				  of determination.
(e) Any delay due to a protest or protest resolution will not
				  relieve the loan recipient of the requirement to meet the project schedule
				  established in the loan agreement, nor will such delays prevent the Department
				  from pursuing the remedies for default established in the loan
				  agreement.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 6 - Wastewater Pollution Control Regulations › Chapter 4 - Mississippi Commission on Environmental Quality State Revolving Fund Loan Program Regulations (Effective for Projects Funded Prior to 10/1/2000) › Appendix 11-6-4-M - Related State Laws and Regulations

Current through June 25, 2024
The loan recipient shall comply with the following related
				  state laws and regulations during the planning, design, construction, and
				  operation of the project.
- Mississippi Regulations for the Certification of Municipal
				  and Domestic Wastewater Facility Operators
- Mississippi Water Quality Criteria for Intrastate,
				  Interstate and Coastal Waters
- Mississippi Nonhazardous Waste Management
				  Regulations
- Coastal Wetlands Protection Law, Mississippi Code
				  Annotated, Section
				  49-27-1
				  (Supp. 1989), et seq..
- Mississippi Air Emission Regulations for the Prevention,
				  Abatement, and Control of Air Contaminants.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 6 - Wastewater Pollution Control Regulations › Chapter 4 - Mississippi Commission on Environmental Quality State Revolving Fund Loan Program Regulations (Effective for Projects Funded Prior to 10/1/2000) › Appendix 11-6-4-N - NPDES and Siting Criteria Regulations

Current through June 25, 2024
The loan recipient shall insure that all current regulations
				  of the Commission on Environmental Quality and the Environmental Quality Permit
				  Board are complied with during the planning, design, and construction of the
				  SRF loan project. These regulations include "Wastewater Permit Regulations for
				  National Pollutant Discharge Elimination System (NPDES), Underground and
				  Injection Control (UIC) and State Operating Permits" and "Guidelines for Review
				  of Siting Criteria in Applications for Air and Water Pollution Control
				  Permits". It is the loan recipient's responsibility to insure that the project
				  is in compliance with these regulations and all future amendments. Also, the
				  loan recipient shall comply with the following requirements:
1. All planning documents submitted to the Department for
				  review shall clearly indicate that a 150-foot buffer zone between the treatment
				  facility and the nearest adjoining property line is provided. This shall be
				  shown on a plan view of the treatment facility site. If it is not possible to
				  provide a 150-foot buffer zone, the planning document shall indicate that a
				  written waiver from the adjoining property owners will be necessary.
2. All design plans submitted to the Department for review
				  shall clearly display the 150-foot buffer zone. If it is not possible to
				  provide a 150-foot buffer zone, a written waiver from the adjoining property
				  owners shall also accompany the design plans. When a waiver is necessary, it is
				  strongly suggested that this be obtained prior to substantial work on the
				  treatment facility design.
An NPDES permit application shall accompany all design plans
				  for wastewater treatment facilities, if a permit or permit modification is
				  required.
3. All appraisals, negotiations, purchase agreements, and
				  site certificates shall include the required buffer zones, unless a waiver was
				  previously submitted along with the design plans.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 6 - Wastewater Pollution Control Regulations › Chapter 5 - Mississippi Commission on Environmental Quality Water Pollution Control Emergency Loan Fund Program Regulations › Rule 11-6-5.2 - Program Requirements

Current through June 25, 2024
A. Eligible
				Applicant Determination. To be eligible for financial assistance, an applicant
				must meet the definition of an eligible applicant as described in Rule
				5.1.B.(14) of these regulations, as determined by the Department.
B. WPCELF Uses. The Emergency Loan Fund may
				be used for the following purposes, as determined by the Commission:
(1) To make loans to eligible applicants for
				projects that meet the definition of an emergency, for the purpose of making
				necessary repairs to existing water pollution control systems to meet the
				emergency;
(2) To make loans to
				eligible applicants for projects that meet the definition of an emergency, for
				the purpose of completing construction needed to provide a permanent correction
				to the problems which caused the emergency;
(3) For the reasonable costs of administering
				the WPCELF program, as allowed by state law; and
(4) To earn interest on fund
				accounts.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 6 - Wastewater Pollution Control Regulations › Chapter 5 - Mississippi Commission on Environmental Quality Water Pollution Control Emergency Loan Fund Program Regulations › Appendix 11-6-5-A - Determination of Eligible and Allowable Costs

Current through June 25, 2024
A.
				General
Eligible costs are those costs in which WPCELF loan
				  participation is authorized pursuant to applicable statute. Allowable costs are
				  eligible costs that meet the following general criteria in addition to any
				  specific identification as an allowable cost within Appendix A:
(1) Be necessary and reasonable for the
				proper and efficient administration and construction of the project, be
				allocable to the project, and not be a general expense required to carry out
				the overall responsibilities of the loan recipient.
(2) Be authorized or not prohibited under
				state or local laws or regulations.
(3) Conform to any limitations or exclusions
				set forth in state laws, or other governing limitations as to types or amounts
				of cost items.
(4) Be consistent
				with policies, regulations, and procedures that apply uniformly to both state
				assisted and other activities of the loan recipient.
(5) Be accorded consistent treatment through
				the application of generally accepted accounting principles appropriate to the
				circumstances.
(6) Not be allocable
				to, or included as, a cost of any other federally or state financed program in
				either the current, prior, or future period.
(7) Be determined allowable by the Department
				after review of necessary books, records and other documents related to the
				costs. Failure to cooperate with the Department regarding access to project
				records or refusal to provide such records when requested by the Department may
				result in such costs being determined unallowable for WPCELF
				participation.
(8) Be within the
				scope of the project and budget period as described in the loan
				agreement.
(9) Be determined
				without regard to any previous federal grant, WPCELF or WPCRLF loan funding
				provided for facilities to be replaced, upgraded, or rehabilitated, except as
				described in Rule 5.2.D.(6) of these regulations.
(10) Be within the scope of projects that
				meet the definition of an emergency and are allowed under Rule 5.2.B. of these
				regulations.
(11) Be procured in
				accordance with Appendix B.