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 11-6-5.3 - Project Requirements

Current through June 25, 2024
A. Application for
				WPCELF Loan
(1) Obtaining a Loan Application.
				Potential applicants may request a WPCELF loan application package by
				contacting the Department. The Department will transmit the loan application
				package to the potential applicant.
(2) Budget Period. Costs for the project must
				be incurred within the Budget Period established in the loan agreement. When
				justified and when approved by the Department, the Budget Period may begin
				prior to loan award but may not begin more than 90 days prior to the issuance
				of a funding pre-commitment letter or receipt of the loan application by the
				Department. If project costs are incurred prior to loan offer, the prospective
				loan recipient agrees that he is proceeding at his own risk and relieves the
				Commission, the Department, and the Department staff of all responsibility and
				liability should such costs later be determined unallowable or should such
				funding not become available for any reason.
The end of the Budget Period will coincide with the 30 day
				  deadline described in Rule 5.3.D.(2) of these regulations.
(3) Contents of Application. All documents
				listed below must be complete and approvable when submitted to the Department.
An original WPCELF loan application package must be submitted
				  to the Department. When forms are provided by the Department these forms must
				  be used, and these forms may not be altered. The WPCELF 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 must
				  include in the Project Budget any administration fee charged to the loan
				  recipient by the Department. A complete application must conform to these
				  regulations, including all Appendices, and must include the following:
(a) A completed WPCELF loan application form,
				which includes the amounts requested for construction, repairs, equipment,
				supplies, land/easements, testing contracts, contingency, contracts for
				planning, design, land acquisition, legal, engineering and other professional
				services during construction and any required administration fees.
(b) A certified copy of a resolution by the
				loan applicant's governing body which:
(1)
				declares the existence of an emergency, which meets the definition of an
				emergency as defined in Rule 5.1.B.(16) of these regulations;
(2) agrees to implement, prior to final
				disbursement of WPCELF funds, an approved user charge system, as defined in
				Rule.5.1.B.(51)of these regulations, adequate to completely cover all costs,
				including repayment of the WPCELF loan;
(3) authorizes and designates an individual
				or office to serve as the authorized representative, to make application for
				assistance, and to sign documents required to undertake and complete the
				project on behalf of the applicant.
(c) A report including a clear description of
				the emergency, the recommended course of action, and the estimated costs and
				schedule to remedy the emergency from the certified operator or engineer or
				other qualified personnel (i.e., contractor, equipment representative,
				electrician, etc.). If such project must be designed by a registered engineer
				in accordance with state law and the Rules and Regulations of the Mississippi
				State Board of Registration for Professional Engineers and Land Surveyors, the
				report must include the seal of the engineer who prepared the report.
(d) Engineer's plans and specifications, if
				applicable.
(e) A procurement
				certification from the loan applicant and the loan applicant's legal counsel,
				stating that all procurement actions related to the WPCELF loan project have
				been, and will be, in compliance with state law and Appendix B of these
				regulations.
(f) A draft user
				charge system and ordinance. The ordinance implementing this user charge system
				must be enacted prior to final disbursement of WPCELF loan funds and by the
				date established in the WPCELF loan agreement.
(g) A statement of the amount of all local
				funds necessary for the project and a financial certification from the loan
				applicant which states that all local funds necessary for the project have been
				secured, or will be secured within 30 days after loan offer, and a statement to
				this effect from the funding source(s). If all funds for the project are being
				requested from the WPCELF program, this certification need not be
				submitted.
(h) A completed
				financial capability summary.
(i) A
				legal certification from the loan applicant and the loan applicant's legal
				counsel, stating that (1) the loan applicant has authority under state laws and
				regulations to receive WPCELF loan assistance, to collect user charges through
				an approved user charge ordinance, to enforce the user charge ordinance and
				sewer use ordinance, to repay the loan under the terms of the loan agreement,
				to comply with all other terms of the loan agreement, to own, operate, maintain
				and replace the facilities to be constructed with WPCELF loan funds, and that
				(2) there are no restrictions under federal or state laws or regulations which
				may prevent the loan applicant from executing the WPCELF loan agreement and
				implementing the project.
(j) If
				new real property or easements are necessary to construct the project, clear
				site certificates from the loan applicant and the title counsel indicating that
				the loan applicant has secured all such real property and easements (including
				power and other utilities).
(k)
				Completion of the intergovernmental review process as described in Appendix G
				of these regulations, and submittal of a completed intergovernmental review
				certification, any intergovernmental review agency comments received, and the
				action required to address all comments prior to awarding contracts for
				construction.
(l) All other
				permits, forms, documents, and supporting information that may be required by
				the Department.