Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 6 - Wastewater Pollution Control Regulations › Chapter 6 - Mississippi Commission on Environmental Quality Water Pollution Control Revolving Loan Fund Program Regulations › Rule 11-6-6.1 - 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 beginning in
				federal fiscal year 2001. These WPCRLF regulations may be superceded by the
				WPCRLF loan agreement and repayment 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 has 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. The Department has determined that the amount of loans
				  awarded in excess of the federal capitalization grants through FY-00 should
				  equal or exceed the federal capitalization grants expected for this program
				  from FY-01 and after. Accordingly, the Department has determined that projects
				  funded in FY-01 and after will not be required to meet all federal equivalency
				  and cross-cutter requirements.
These regulations apply to projects that receive loan awards
				  in FY-01 and after. 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
				  EPA.
Miss. Code Ann.
				  §§
										49-17-81
				  through
				  49-17-89,
				  49-2-1, et
				  seq. and 49-17-1, et seq.