Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 2 - Drinking Water Systems Improvements Revolving Loan Fund Program Regulations › Chapter 3 - Project Requirements › Appendix 33-2-3-C - Environmental Review Process

Current through June 25, 2024
A. Facilities Plan Description of Environmental
				  Impacts
Each facilities plan must contain a description of the
				  environmental impacts of the proposed project and any corresponding mitigative
				  measures including, but not necessarily limited to, the following:
(1) Surface and groundwater resources;
(2) Archaeological/historical/cultural resources;
(3) Vegetative/wildlife resources;
(4) Wetlands and navigable waterways;
(5) Floodplains;
(6) Prime or important farmlands;
(7) Coastal zones;
(8) Wild and scenic rivers; and
(9) Air Quality.
B. Environmental Review.
The Department will take one or more of the following
				  actions pursuant to the review of the facilities plan description of
				  Environmental Impacts:
(1) Categorical Exclusion
The Department will issue a Categorical Exclusion (CE) from
				  environmental review if a project meets all of the following criteria:
(a) The project includes minor rehabilitation of existing
				  facilities, functional replacement of equipment, or construction of new
				  ancillary facilities adjacent or appurtenant to existing facilities.
(b) The project will not have a significant adverse effect
				  on the environment.
(c) The project will not adversely affect cultural
				  resources, habitats of endangered or threatened species, or environmentally
				  important natural resource areas.
(d) The project is not expected to cause significant public
				  controversy. The Department may revoke a categorical exclusion at any time if
				  significant adverse information becomes available.
(2) Finding of No Significant Impact (FONSI) on the
				  Environment
The Department will issue a Finding Of No Significant Impact
				  (FONSI) and an Environmental Assessment (EA) when, based upon review of the
				  environmental impacts in the facilities plan, it appears that a project will
				  not have a significant adverse environmental impact, but does not qualify for a
				  CE. The environmental assessment EA will describe the existing environment, the
				  purpose and need for the project, the project to be built, the alternatives
				  analyzed including no action, the references consulted, the expected
				  environmental impacts of the project, the actions necessary to minimize
				  expected adverse impacts, and the cost to build and operate the project.
(3) Amendment to a Finding of No Significant Impact FONSI to
				  the Environment
FONSI amendments are occasionally needed to describe changes
				  to proposed facilities that have already been described in a FONSI. The
				  environmental assessment EA that accompanies the amendment will describe the
				  changes and any expected new impacts on the environment due to the changes. The
				  original environmental assessment EA will be reissued with the environmental
				  assessment EA amendment in those cases where it is deemed to be necessary to
				  assure clarity.
(4) Environmental Impact Statement (EIS)
If the Department determines that an environmental impact
				  statement (EIS) is needed, the document will be prepared in general conformance
				  with EPA Regulation 40 CFR Part 6, or as deemed appropriate by the
				  Department.
(5) Reaffirmation of an Environmental Action
If five years will pass between the issuance of a CE, FONSI,
				  Amendment to a FONSI, or an EIS and the offer of DWSIRLF funding, the
				  environmental impact of the project will be re-evaluated. However, a
				  re-evaluation may not be required when the most recent Amendment to a FONSI or
				  EIS is less than five years old. If there have been no significant changes, the
				  Department will issue a reaffirmation of the environmental action. If the
				  original environmental action cannot be reaffirmed, the Department will issue a
				  new environmental action, as appropriate.
(6) No Further Action
The Department will issue a CE, FONSI, or EIS on all DWSIRLF
				  projects. If there are significant changes in the project after the issuance of
				  the environmental documents, those changes will be described in an Amendment to
				  a FONSI. Some changes are minor, however, and the Department may determine that
				  a separate Amendment need not be issued. Such minor changes may include but are
				  not limited to:
(a) Adding work that would otherwise qualify for a
				  categorical exclusion.
(b) Changes in the size of pump stations, storage
				  facilities, wells, distribution lines, etc.
(c) Minor changes in the size of water treatment unit
				  processes.
(d) Minor rerouting of distribution lines when the new route
				  i) will be mostly on public property and ii) will not adversely affect cultural
				  resources, habitats of endangered or threatened species, or environmentally
				  important natural resource areas. All affected property owners must be notified
				  by the loan recipient.
(e) Changes in the cost of the project, the average monthly
				  user charge, or the method of financing.
C. Issuance of the Environmental Action.
Copies of all environmental actions will be issued to the
				  appropriate intergovernmental review agencies listed in Appendix K; other
				  agencies must be contacted as needed. Copies must also be sent to any
				  individuals or groups requesting them. All environmental actions will also be
				  published in an appropriate local newspaper.
All environmental actions will provide for at least a 30 day
				  period from the day of issuance to receive comments from agencies, groups, or
				  individuals. All such comments will be evaluated by the Department before
				  finalizing any environmental action.
Immediately after issuing an environmental action and before
				  the comment period has expired a facilities plan may be conditionally approved,
				  and a loan agreement may be conditionally offered. In such a case, no funds
				  will be transferred to the loan recipient, and authority to award construction
				  contracts will not be given until the comment period has expired and all
				  substantial adverse comments have been addressed.
D. Resolution of Adverse Comments.
Adverse comments received as a result of the environmental
				  review process will be addressed in the following manner:
(1) The Department will first require the loan recipient to
				  resolve the adverse comments, subject to Department approval.
(2) If the loan recipient is unable to resolve the adverse
				  comments and secure approval, the Department will render a decision concerning
				  the adverse comments.
(3) Should the loan recipient or the party which originally
				  made the adverse comments desire to appeal the above decision, a request for an
				  informal hearing must be received by the Department within 30 days after the
				  date of such decision. Upon receipt of such a request, an informal hearing will
				  be held with staff members, as designated by the Board Chairman, and the
				  affected parties. The Board Chairman, or his designee, will render a decision
				  on the appeal as a result of the informal hearing.
(4) Should the loan recipient or the party which originally
				  made the adverse comments desire to appeal the above informal hearing decision,
				  a request for a formal hearing by the Board must be received by the Department
				  within 30 days after the date of such decision. Upon receipt of such a request,
				  the Local Governments and Rural Water Systems Improvements Board will hold a
				  formal hearing to consider the matter and will render a decision.
(5) Appeals of the above formal hearing decision may be made
				  to the Chancery Court in accordance with state law.