reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 1 - Drinking Water Systems Emergency Loan Fund Program Regulations › Chapter 3 - Project Requirements › Subchapter 2 - Offer of DWSELF Loan › Rule 33-1-3.2.1

Current through June 25, 2024
3. 2.1.1 Upon determination by the Department staff
					 that:
1. all applicable requirements of
				  this regulation have been met,
2.
				  all applicable documents have been approved,
3. all applicable permits have been issued or
				  will be issued, and
4. funds are
				  available for the amount of the DWSELF loan application, the Department will
				  seek approval of the DWSELF loan award from the Board.
3. 2.1.2 If the Board approves the DWSELF loan application,
					 the Board Chairman, or his designee, will execute and transmit a DWSELF loan
					 offer (includes an offer letter, loan agreement and initial repayment
					 agreement) to the loan recipient. In addition to the estimated allowable
					 project costs as described in Appendix A of this regulation and any
					 administration fee, the loan offer may include a construction contingency, as
					 determined by the Department staff, in the project budget. If determined
					 necessary by the Department staff, this contingency may be reduced after
					 receipt of construction bids, as described in Section III.B.(6)
					 below.
Miss. Code Ann.
					 §
											41-3-16(3)(b)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 1 - Drinking Water Systems Emergency Loan Fund Program Regulations › Chapter 3 - Project Requirements › Subchapter 2 - Offer of DWSELF Loan › Rule 33-1-3.2.2

Current through June 25, 2024
Upon receipt of the DWSELF loan offer, the loan recipient
					 must completely execute and return it to the Department staff, along with a
					 certified copy of a resolution by the loan recipient's governing body
					 authorizing acceptance of the loan offer, within the time frame established in
					 the DWSELF loan offer. The loan offer becomes void if not executed and returned
					 within the time frame specified, unless extended by the Board Chairman or his
					 designee.
Miss. Code Ann.
					 §
											41-3-16(3)(b)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 1 - Drinking Water Systems Emergency Loan Fund Program Regulations › Chapter 3 - Project Requirements › Subchapter 2 - Offer of DWSELF Loan › Rule 33-1-3.2.3

Current through June 25, 2024
Upon return of the executed DWSELF loan offer to the
					 Department staff, any administration fee established in the loan agreement will
					 be processed accordingly and such fee will be paid to the appropriate
					 Department administration fund.
Miss. Code Ann.
					 §
											41-3-16(3)(b)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 1 - Drinking Water Systems Emergency Loan Fund Program Regulations › Chapter 3 - Project Requirements › Subchapter 2 - Offer of DWSELF Loan › Rule 33-1-3.2.4

Current through June 25, 2024
3. 2.4.1 Upon return of the executed DWSELF loan offer to
					 the Department staff, the loan recipient must then execute any remaining
					 unexecuted approved contracts for construction/repairs/equipment/supplies and
					 engineering planning/design and construction phase services, or if required by
					 State law and Appendix B, must then advertise, receive bids, award, and execute
					 any other contracts for construction/repairs/equipment included in the project,
					 within the time frame established in the loan agreement. All procurement
					 actions by the loan recipient (including water associations) must comply with
					 state law and Appendix B of this regulation.
3. 2.4.2 The loan recipient will be responsible for
					 assuring that every appropriate procedure and incidental legal requirement is
					 observed in awarding these contracts. The contracts must not vary from those
					 approved by the Department staff.
Miss. Code Ann.
					 §
											41-3-16(3)(b)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 1 - Drinking Water Systems Emergency Loan Fund Program Regulations › Chapter 3 - Project Requirements › Subchapter 2 - Offer of DWSELF Loan › Rule 33-1-3.2.5

Current through June 25, 2024
Upon execution of all contracts funded under the loan
					 agreement, the loan recipient must then submit (a) all such executed contracts
					 for emergency construction/repairs/equipment/supplies and engineering
					 planning/design and construction phase services, (b) if any contracts must be
					 bid, the completed contract award certification and a completed loan agreement
					 amendment request (to reflect as-bid {if applicable} and other executed
					 construction contract amounts, all other contract amounts, a construction
					 contingency as determined by the Department staff, and the original
					 administration fee) to the Department staff within the time-frame established
					 in the loan agreement. Within the time frames established in the loan
					 agreement, the loan recipient must then, at his discretion, issue any notices
					 to proceed and submit a copy of such to the Department and begin any remaining
					 construction/repair work or purchase any remaining equipment/supplies funded
					 under the loan agreement.
Miss. Code Ann.
					 §
											41-3-16(3)(b)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 1 - Drinking Water Systems Emergency Loan Fund Program Regulations › Chapter 3 - Project Requirements › Subchapter 2 - Offer of DWSELF Loan › Rule 33-1-3.2.6

Current through June 25, 2024
Upon receipt of the documents required under (5) above,
					 the Department staff will review these documents, determine whether a request
					 for an increased loan amount is justified and eligible and that funds are
					 available. The Department may, upon approval of the Board, if determined
					 necessary and appropriate, transmit to the loan recipient an amended DWSELF
					 loan offer, which includes in the project budget
1. as-bid (if applicable) and other executed
				  construction contract amounts,
2.
				  all other contract amounts,
3. a
				  construction contingency as determined by the Department staff, and
4. the original administration fee.
Upon receipt of the amended DWSELF loan offer, if
					 applicable, the loan recipient must completely execute and return it to the
					 Department within the time-frame established in the DWSELF loan offer letter.
					 [After execution of the amended DWSELF loan offer, the DWSELF loan amount will
					 not be increased. Any increased project costs in excess of the amended DWSELF
					 loan amount must be paid by the loan recipient from sources other than DWSELF
					 funds.]
Miss. Code Ann.
					 §
											41-3-16(3)(b)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 1 - Drinking Water Systems Emergency Loan Fund Program Regulations › Chapter 3 - Project Requirements › Subchapter 3 - Construction/Repair Phase › Rule 33-1-3.3.1

Current through June 25, 2024
Awarding Contracts for Emergency Construction/Repairs
					 Equipment /Supplies, and Engineering Planning/Design and Construction Phase
					 Services.
Upon executing and returning any amended loan agreement and
					 initial repayment agreement to the Department staff, if applicable, or upon
					 execution of all contracts funded under the loan agreement, and within the time
					 frames established in the loan agreement, the loan recipient must issue any
					 remaining notices to proceed and begin any remaining construction/repair work
					 and purchase any remaining equipment/supplies funded under the loan agreement,
					 and must transmit a copy of all notices to proceed to the Department staff
					 within the time frame specified in the loan agreement.
Miss. Code Ann.
					 §
											41-3-16(3)(b)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 1 - Drinking Water Systems Emergency Loan Fund Program Regulations › Chapter 3 - Project Requirements › Subchapter 3 - Construction/Repair Phase › Rule 33-1-3.3.2 - Preconstruction Conferences

Current through June 25, 2024
If determined necessary by the loan recipient, the loan
					 recipient may arrange and hold a preconstruction conference and, if held, must
					 notify and allow attendance and participation by the Department
					 staff.
Miss. Code Ann.
					 §
											41-3-16(3)(b)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 1 - Drinking Water Systems Emergency Loan Fund Program Regulations › Chapter 3 - Project Requirements › Subchapter 3 - Construction/Repair Phase › Rule 33-1-3.3.3 - Observation During Construction

Current through June 25, 2024
1. During all times
				  that construction/repair work is being performed which requires the services of
				  a registered engineer, the loan recipient must provide for full-time
				  observation of the project by the registered engineer or his staff and must
				  require the registered engineer's assurance that the work is being performed in
				  a satisfactory manner in accordance with the DWSELF loan agreement and the
				  approved plans, specifications, and contract documents, approved change orders,
				  and in accordance with sound engineering principles and building practices.
				  Less than full-time observation may be allowed when properly justified and
				  approved by the Department staff.
2. The Department staff is authorized to
				  observe the building of any project at any time for compliance with the terms
				  of the loan agreement and to determine if the loan recipient is assuring that
				  plans, specifications and contract documents are being followed and is assuring
				  that the project is being built in accordance with sound engineering principles
				  and building practices. A representative may be stationed at the building site
				  by the Department staff to observe the manner and progress of the building or
				  to observe conditions relating to the equipment or materials furnished and the
				  compliance by the contractor with approved plans, specifications, and contract
				  documents for the project. Such observation will not subject the Department to
				  any action for damages or other liability. Such observation will not release
				  the contractor from any obligation to perform the work in accordance with the
				  requirements of the contract documents, nor the registered engineer from
				  determining compliance with the requirements of the contract documents, nor the
				  loan recipient from insuring compliance with the terms of the loan
				  agreement.
3. The contractor,
				  registered engineer, and the loan recipient must furnish the Department staff
				  with every reasonable opportunity and means for observing whether the work as
				  performed appears to be in accordance with the requirements of the loan
				  agreement. The Department staff is authorized to observe and require submission
				  of daily logs, record drawings, file notes, and any other documents prepared by
				  any party in relation to the DWSELF funded project.
Miss. Code Ann.
					 §
											41-3-16(3)(b)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 1 - Drinking Water Systems Emergency Loan Fund Program Regulations › Chapter 3 - Project Requirements › Subchapter 3 - Construction/Repair Phase › Rule 33-1-3.3.4 - Observation of Materials and Equipment

Current through June 25, 2024
The Department staff is also authorized to observe all
					 equipment and materials furnished, including observation of the preparation or
					 manufacture of the equipment and materials to be used.
Miss. Code Ann.
					 §
											41-3-16(3)(b)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 1 - Drinking Water Systems Emergency Loan Fund Program Regulations › Chapter 3 - Project Requirements › Subchapter 3 - Construction/Repair Phase › Rule 33-1-3.3.5 - Construction/Repair Deficiencies

Current through June 25, 2024
1. In the event
				  construction/repair procedures, materials or equipment appear to the Department
				  staff to be substandard, otherwise unsatisfactory, and/or not in conformity
				  with approved plans and specifications, the Department staff may determine such
				  work unallowable for DWSELF loan participation, unless the loan recipient takes
				  such action, through the registered engineer if applicable, in the manner
				  provided for in the construction/repair contract to correct any such
				  deficiencies
2. The Department
				  staff may immediately begin withholding DWSELF loan payments should such
				  substandard or unsatisfactory construction/repair work, materials, or equipment
				  become apparent and may require the loan recipient to repay any previously paid
				  amounts related to such work, within 30 days of such notification. Interest may
				  be charged on such delinquent repayments after expiration of the 30-day period
				  at the rate established in Section III.E.(6) of this regulation. Alternatively,
				  the Department staff may withhold such amounts from subsequent payment
				  requests.
3. In addition to normal
				  testing procedures required of the loan recipient, should questions arise
				  concerning the construction work, materials, or equipment, for DWSELF loan
				  allowability purposes the Department staff may request the loan recipient to
				  perform reasonable additional tests of construction materials, equipment, or
				  processes which the Department staff determines to be necessary to answer such
				  questions during or after the construction of the project. All tests, whether
				  for the Department staff or the registered engineer, must conform to current
				  American Water Works Association, American Association of State Highway and
				  Transportation Officials, or American Society of Testing and Materials
				  published procedures, or similar acceptable criteria. The Department staff will
				  specify which tests are applicable, if not described in the approved plans,
				  specifications, and contract documents, for DWSELF loan allowability purposes.
				  Samples for testing must be furnished free of cost to the Department staff upon
				  request at the construction site.
Miss. Code Ann.
					 §
											41-3-16(3)(b)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 1 - Drinking Water Systems Emergency Loan Fund Program Regulations › Chapter 3 - Project Requirements › Subchapter 3 - Construction/Repair Phase › Rule 33-1-3.3.7 - Contract Claims

Current through June 25, 2024
3. 3.7.1 The Department is not a party to any contract
					 between the DWSELF Loan Recipient and the construction contractor(s), the
					 registered engineer(s), The attorney(s), the equipment supplier(s), the
					 subcontractor(s) or any other parties.
3. 3.7.2 Upon execution of any contract between the Loan
					 Recipient and any other party in regard to a DWSELF funded project, the
					 Department does not assume any authorities, duties, responsibilities, or
					 liabilities under such a contract.
3. 3.7.3 The Department does not have any authority, duty,
					 responsibility, or liability in contract claims identification, negotiation,
					 resolution, or any other actions regarding contract claims under the
					 contract(s) between the Loan Recipient and any other party.
3. 3.7.4 No actions taken by the Department, either
					 directly or indirectly, in regard to the DWSELF loan funded project constitute
					 or establish any determinations, authority, duty, responsibility, or liability
					 under the contract(s) between the Loan Recipient and any other party.
3. 3.7.5 The Loan Recipient and the contracting party must
					 resolve all claims and contract disputes by negotiation, arbitration,
					 litigation, or other means as provided in the contract documents and State law,
					 prior to submission of any change order to the Department staff for review and
					 approval, in order to obtain a DWSELF loan eligibility/allowability
					 determination.
Miss. Code Ann.
					 §
											41-3-16(3)(b)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 1 - Drinking Water Systems Emergency Loan Fund Program Regulations › Chapter 3 - Project Requirements › Subchapter 3 - Construction/Repair Phase › Rule 33-1-3.3.8 - Contractor's Bankruptcy or Default

Current through June 25, 2024
In the event of a contractor's bankruptcy or default, any
					 proposed agreements with the bonding company (other than the bonding company
					 serving as general contractor or fully bonding another contractor acting as
					 their agent) must be submitted for DWSELF loan allowability determination by
					 the Department staff prior to execution. If the loan recipient determines that
					 re-award of the construction/repair contract, or a portion thereof, is
					 necessary due to contractor bankruptcy or default, such proposed re-award
					 contracts must be submitted for DWSELF loan allowability determination by the
					 Department staff prior to execution. The loan recipient will be responsible for
					 assuring that every appropriate procedure and incidental legal requirement is
					 observed in advertising for bids or otherwise re-awarding a construction
					 contract, if this course of action is taken.
Miss. Code Ann.
					 §
											41-3-16(3)(b)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 1 - Drinking Water Systems Emergency Loan Fund Program Regulations › Chapter 3 - Project Requirements › Subchapter 4 - Post Construction Phase › Rule 33-1-3.4.1

Current through June 25, 2024
Following final payment of DWSELF loan funds to the loan
					 recipient, or upon expiration of any deadlines established by the loan
					 agreement or the Department staff, the Department staff or other designated
					 parties may perform an audit of the DWSELF loan project for the purpose of
					 determining compliance with the DWSELF loan agreement and to determine final
					 allowable costs, payments made to date, and any additional payments due the
					 loan recipient or repayment due the Department.
Miss. Code Ann.
					 §
											41-3-16(3)(b)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 1 - Drinking Water Systems Emergency Loan Fund Program Regulations › Chapter 3 - Project Requirements › Subchapter 4 - Post Construction Phase › Rule 33-1-3.4.2

Current through June 25, 2024
Upon completion of the DWSELF audit, (or if an audit is
					 not performed, following final payment of DWSELF loan funds to the loan
					 recipient, or upon expiration of any deadlines established by the loan
					 agreement or the Department staff) the Department staff will transmit to the
					 loan recipient a copy of the audit, if performed, and a final determination of
					 allowable costs and payments due the loan recipient or repayments due the
					 State. The final determination will also establish a 30-day appeal deadline, as
					 required by (3) below, and will require repayment of any overpayment with an
					 interest penalty to begin accruing on the appeal deadline. The interest penalty
					 will be as established in Section III.E.(6) of this
					 regulation.
Miss. Code Ann.
					 §
											41-3-16(3)(b)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 1 - Drinking Water Systems Emergency Loan Fund Program Regulations › Chapter 3 - Project Requirements › Subchapter 4 - Post Construction Phase › Rule 33-1-3.4.3

Current through June 25, 2024
Within 30 days after the date of the above final
					 determination of allowable costs, the loan recipient may submit a written
					 appeal of the final determination, including a written justification of the
					 reason for the appeal, and supporting documentation for any disputed costs of
					 the final determination; otherwise the final determination of allowable costs
					 will become the final allowable costs for purposes of DWSELF loan payments and
					 the DWSELF loan repayment agreement.
Miss. Code Ann.
					 §
											41-3-16(3)(b)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 1 - Drinking Water Systems Emergency Loan Fund Program Regulations › Chapter 3 - Project Requirements › Subchapter 4 - Post Construction Phase › Rule 33-1-3.4.4

Current through June 25, 2024
Should an appeal be submitted in accordance with (3)
					 above, the disputes procedures established in Appendix D of this regulation
					 will be followed in order to resolve the dispute and establish the final
					 allowable costs.
Miss. Code Ann.
					 §
											41-3-16(3)(b)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 1 - Drinking Water Systems Emergency Loan Fund Program Regulations › Chapter 3 - Project Requirements › Subchapter 4 - Post Construction Phase › Rule 33-1-3.4.5

Current through June 25, 2024
Upon expiration of the final determination appeal period,
					 or upon resolution of a dispute of the final determination, the Department
					 staff will transmit to the loan recipient a final DWSELF loan repayment
					 agreement between the loan recipient, the Department, and if applicable as
					 established under State law, the State Tax Commission. The loan recipient must
					 execute and submit to the Department the final loan agreement within the
					 deadline established by the Department.
Miss. Code Ann.
					 §
											41-3-16(3)(b)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 1 - Drinking Water Systems Emergency Loan Fund Program Regulations › Chapter 3 - Project Requirements › Subchapter 4 - Post Construction Phase › Rule 33-1-3.4.6

Current through June 25, 2024
Upon receipt of an executed final repayment agreement from
					 the loan recipient, repayment of the DWSELF loan will commence, or if
					 applicable as established under State law, the Department staff will transmit
					 the repayment agreement to the State Tax Commission for execution and return to
					 the Department staff.
Miss. Code Ann.
					 §
											41-3-16(3)(b)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 1 - Drinking Water Systems Emergency Loan Fund Program Regulations › Chapter 3 - Project Requirements › Subchapter 4 - Post Construction Phase › Rule 33-1-3.4.7

Current through June 25, 2024
Upon receipt of the executed final repayment agreement
					 from the State Tax Commission, if applicable as established under State law,
					 the Department staff will transmit a copy to the loan recipient, and repayment
					 of the DWSELF loan will commence under the terms of the repayment
					 agreement.
Miss. Code Ann.
					 §
											41-3-16(3)(b)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 1 - Drinking Water Systems Emergency Loan Fund Program Regulations › Chapter 3 - Project Requirements › Subchapter 6 - DWSELF Loan Repayment Requirements › Rule 33-1-3.6.1

Current through June 25, 2024
All DWSELF loan repayments are subject to the following
					 requirements:
3. 6.1.1 Interest on amounts paid to the loan recipient
					 will commence on the original construction contract completion date.
3. 6.1.2 The amount of interest accrued between the
					 original construction contract completion date and the initiation of the
					 repayment process will be added to the final allowable project costs to
					 determine the principal amount to be repaid by the loan recipient.
3. 6.1.3 The repayment period will be from the time of
					 transmittal of the final loan repayment agreement to the loan recipient to the
					 date five (5) years after project completion, or sooner if so requested by the
					 loan recipient.
3. 6.1.4 Repayments are to be made by counties on a
					 semi-annual basis through homestead exemption annual tax loss reimbursement
					 withholdings, by municipalities on a monthly basis through state sales tax
					 withholdings if adequate to provide such repayments, and by all other loan
					 recipients through submission of monthly payments in accordance with state law,
					 and must commence no sooner than 90 days after and no later than one year after
					 final construction observation by the Department staff.
3. 6.1.5 The repayment interest rate and the frequency of
					 interest compounding will be established in the DWSELF loan agreement and
					 repayment agreement.
Miss. Code Ann.
					 §
											41-3-16(3)(b)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 1 - Drinking Water Systems Emergency Loan Fund Program Regulations › Section 33-1-IV - APPENDICES › Appendix 33-1-33-1-IV-B - Procurement Requirements for DWSELF Loan Recipients

Current through June 25, 2024
In the procurement of all repairs, construction, equipment,
				  materials, supplies, professional services and non-professional services and
				  all other costs related to the DWSELF project, all loan recipients (including
				  water associations) must comply with State Purchasing Laws as they apply to
				  local governments.
The procurement and conduct of all professional engineering
				  and land surveying services must also 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 must also 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 (including water associations) must
				  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 above procurement requirements are violated,
				  the Department may determine that the related costs are unallowable and may
				  require repayment of all DWSELF Loan funds paid for such costs, in accordance
				  with Section III.E.(6) of this regulation.
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 1 - Drinking Water Systems Emergency Loan Fund Program Regulations › Section 33-1-IV - APPENDICES › Appendix 33-1-33-1-IV-C - Debarment, Suspension and Violating Facilities

Current through June 25, 2024
A.
				Debarment and Suspension
Loan recipients are prohibited from entering into contractual
				  agreements with individuals, businesses, organizations, or any other entities
				  that have been debarred or suspended by the U. S. Environmental Protection
				  Agency, any other federal agency, state agency or by the Department. Entities
				  debarred or suspended by the federal agencies are identified in the General
				  Services Administration (GSA) publication entitled "List of Parties Excluded
				  from Federal Procurement or Nonprocurement Program."
Loan recipients are responsible for ensuring that prime
				  contractors utilized on the project are not on the federal or state debarment
				  lists. Likewise, prime contractors are responsible for ensuring that
				  subcontractors utilized on the project are not on the federal or state
				  debarment lists.
Anyone may contact the Board Chairman concerning the
				  existence of a cause for debarment or suspension. The Board Chairman may refer
				  the matter to the State Attorney General or other appropriate office for
				  further investigation. If, after review or investigation, the Board Chairman
				  reasonably believes that a cause for debarment exists, the Board Chairman 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 will not
				  affect existing executed contractual agreements, unless such agreements have
				  been terminated or suspended under the terms of the agreement by the loan
				  recipient.
B. Violating
				Facilities
No loan will be awarded to any loan applicant which owns or
				  makes use of any facility that is on EPA's "List of Violating Facilities", or
				  its successor, unless such loan will remedy the problem which resulted in the
				  facility being placed on the list.
Loan Recipients are prohibited from entering into contractual
				  agreements with individuals, businesses, organizations, or any other entities
				  that are in violation of the Safe Drinking Water Act, unless the agreement will
				  remedy the problem which caused the violation. Such entities are identified in
				  the "List of Violating Facilities".
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 1 - Drinking Water Systems Emergency Loan Fund Program Regulations › Section 33-1-IV - APPENDICES › Appendix 33-1-33-1-IV-D - DWSELF Disputes Procedures

Current through June 25, 2024
Only DWSELF loan recipients may submit a notice of dispute
				  (disagreement) with a decision made by the Department. The following procedures
				  will be used to resolve disputes between the loan recipient and the
				  Department.
(1) 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.
(2) The Department staff will then render a
				written decision on the dispute and will include reasons for the
				decision.
(3) 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 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 desire to
				appeal the above informal hearing decision, a request for a formal hearing
				before the Local Governments and Rural Water Systems Improvements Board must be
				received by the Department within 30 days after the date of such decision. Upon
				receipt of such a request, the 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.
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 1 - Drinking Water Systems Emergency Loan Fund Program Regulations › Section 33-1-IV - APPENDICES › Appendix 33-1-33-1-IV-E - 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 DWSELF loan project.
If the loan recipient becomes aware of allegations, evidence,
				  or the appearance of corrupt practices, the loan recipient must:
(1) Immediately inform the Department in
				writing.
(2) Promptly pursue
				available state and local legal, administrative, and contractual remedies.
The Department may disallow costs under the DWSELF 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
				  DWSELF loan funds paid for such costs in accordance with Section III.E.(6) of
				  this regulation.
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 1 - Drinking Water Systems Emergency Loan Fund Program Regulations › Section 33-1-IV - APPENDICES › Appendix 33-1-33-1-IV-F - DWSELF Loan Recipient Accounting and Auditing Requirements

Current through June 25, 2024
All DWSELF 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/repair costs, and documented by
				  appropriate records. These project accounts must be maintained as separate
				  accounts.
All contracts for professional services, construction,
				  equipment, and supplies must include an access to audit clause which gives the
				  Department and its representatives access to and the right to audit, inspect,
				  copy and examine books, financial records and other documents relating directly
				  to the receipt and disbursement of DWSELF funds.
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 1 - Drinking Water Systems Emergency Loan Fund Program Regulations › Section 33-1-IV - APPENDICES › Appendix 33-1-33-1-IV-G - Intergovernmental Review Process

Current through June 25, 2024
The following outlines the Board's requirements for
				  compliance with the Intergovernmental Review Process for Drinking Water Systems
				  Emergency Loan Fund (DWSELF) projects in Mississippi. These actions must be
				  taken and an Intergovernmental Review Certification (hereinafter Certification)
				  submitted as part of the DWSELF loan application package. The Intergovernmental
				  Review Agencies (IGR) are as follows:
(1) Department of Archives and History (For
				Archaeological/Cultural Resources Review);
(2) Natural Heritage Program (For
				Vegetative/Wildlife Survey);
(3)
				Army Corps of Engineers, Regulatory Functions Branch (For Wetlands and
				Navigable Waterway Crossing Review);
(4) U. S. Fish and Wildlife Services
				(Jackson, Harrison, and Hancock County Projects only, for Coastal Barriers
				Resources Act Review); and
(5) U.
				S. Forest Service (For Wild and Scenic Rivers).
Loan Application
When completing the Certification form, the applicant/loan
				  recipient should mark the first certification if the proposed project will
				  consist of only construction/repair work on previously disturbed sites,
				  easements, and rights-of-way. If this certification is marked accurately, then
				  no further intergovernmental review is necessary.
If there are portions of the project that will affect
				  previously undisturbed sites, easements, or rights-of-way, during preparation
				  of the DWSELF loan application package the appropriate intergovernmental review
				  agencies must be consulted, by telephone, or other communication, about the
				  proposed project area concerning the existence of any known or possible
				  archaeological/cultural resources sites, endangered vegetation/wildlife,
				  wetlands, navigable waterway crossings, wild and scenic rivers impact or
				  coastal barriers resources impact, and their concurrence or comments noted on
				  the Certification.
If any of the intergovernmental review agencies have comments
				  on the project, the applicant/loan recipient must attach a summary of those
				  comments and the actions necessary to address those comments, including a
				  schedule for completing the required actions, to the Certification, which must
				  be included as part of the DWSELF loan application package. It will be the
				  applicant/loan recipient's responsibility to take all actions necessary to
				  satisfy the IGR comments and obtain concurrence in the project prior to
				  awarding contracts for construction/repair for project portions under
				  comment.
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 1 - Drinking Water Systems Emergency Loan Fund Program Regulations › Section 33-1-IV - APPENDICES › Appendix 33-1-33-1-IV-H - DWSELF 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. The Loan Recipient's protest procedures must include the requirements of
				  this Appendix.
(1) Prior to
				advertisement for bids or proposals, the loan recipient must establish its own
				procedures for prompt consideration of initial protests concerning
				solicitations or contract awards. A "protest" is a written complaint concerning
				the loan recipient's solicitation or award of a contract. The protest must be
				filed with the loan recipient by a party with a direct financial interest
				adversely affected by a loan recipient's procurement action, and must be filed
				in accordance with and within the time frame established by the loan
				recipient's protest procedures.
(2)
				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.
(3) Upon receipt of a
				protest, the loan recipient must make a determination on the protest in
				accordance with the loan recipient's protest procedures within thirty (30)
				calendar days after such protest, or sooner if so required by the loan
				recipient's procurement protest procedures.
(4) 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 the determination.
(5) 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 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 1 - Drinking Water Systems Emergency Loan Fund Program Regulations › Section 33-1-IV - APPENDICES › Appendix 33-1-33-1-IV-I - Related Laws and Regulations

Current through June 25, 2024
The loan recipient must comply with all related laws and
				  regulations during the planning, design, construction, and operation of the
				  project, including the following. The listing below does not relieve the loan
				  recipient from the responsibility of compliance with all related laws and
				  regulations, whether listed below or not.
- Federal "Safe Drinking Water Act" (
				  42 U.S.C.
				  300 et. seq.). Public Law 93-523.
- "National Interim Primary Drinking Water Regulations",
				  Environmental Protection Agency, Water Programs, Federal Register 40, No. 246,
				  December 24, 1975, 59566 - 59574.
- "Secondary Maximum Contaminant Levels", Environmental
				  Protection Agency, Water Programs, Federal Register 42, March 31,1977, 17144 -
				  17146.
- "Mississippi Safe Drinking Water Law of 1976", Section
				  41-26-1
				  through
				  41-26-21,
				  Mississippi Code of 1972, annotated.
- "Primary Drinking Water Regulations", Mississippi State
				  Board of Health Environmental Regulations, Division 300 - Water Supply, Part
				  301, Public Water Systems.
- "Municipal and Domestic Water and Wastewater System
				  Operator's Certification Act of 1986", Section
				  21-27-201
				  through
				  21-27-221,
				  Mississippi Code of 1972, annotated.
- Regulations Governing the Certification of Municipal and
				  Domestic Water System Operators", Mississippi State Board of Health
				  Environmental Regulations, Division 300 - Water Supply, Part
				  302.
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 1 - Introductory Provisions › Subchapter 1 - Scope of Regulations › Rule 33-2-1.1.1

Current through June 25, 2024
These regulations, adopted pursuant to Section
					 41-3-16,
					 Mississippi Code of 1972, as amended, shall govern the Local Governments and
					 Rural Drinking Water Systems Improvements Revolving Loan Fund (DWSIRLF)
					 Program. These regulations may be superseded by the loan agreement, when a
					 variance or exception is made by the Local Governments and Rural Drinking Water
					 Systems Improvements Board (Board) and when not in conflict with any state or
					 federal laws or executive orders.
Miss. Code Ann.
					 §
											41-3-16.
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 1 - Introductory Provisions › Subchapter 2 - Effective Date of Regulations › Rule 33-2-1.2.1

Current through June 25, 2024
These amended regulations are effective July 1,
					 2017.
Miss. Code Ann.
					 §
											41-3-16.
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 2 - PROGRAM REQUIREMENTS › Subchapter 1 - Eligible Applicant Determination › Rule 33-2-2.1.1

Current through June 25, 2024
To be eligible for financial assistance, an applicant must
					 meet the definition of an eligible applicant as described in Rule
					 1.3.1(11) of these
					 regulations, as determined by the Department.
Miss. Code Ann.
					 §
											41-3-16(3)(b)
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 2 - PROGRAM REQUIREMENTS › Subchapter 2 - Obligation Period › Rule 33-2-2.2.1

Current through June 25, 2024
Federal funds allotted to the State will be available for
					 obligation for a period of one year after the close of the federal fiscal year
					 for which the funds are authorized, or as otherwise established by federal
					 law.
Miss. Code Ann.
					 §
											41-3-16(3)(b)
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 2 - PROGRAM REQUIREMENTS › Subchapter 3 - Reserves › Rule 33-2-2.3.1

Current through June 25, 2024
A percentage or amount of the State's Drinking Water SRF
					 Federal Capitalization Grant will be reserved each fiscal year for
					 administration of the fund consistent with the Act and state law. Other
					 reserves as established under the SDWA will also be
					 established.
Miss. Code Ann.
					 §
											41-3-16(3)(b)
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 2 - PROGRAM REQUIREMENTS › Subchapter 4 - Public Comment and Review › Rule 33-2-2.4.1

Current through June 25, 2024
In accordance with the Act, the Board will provide for
					 public comment and review and may take into consideration any comments prior to
					 adoption of the annual Intended Use Plan, including the Priority List and the
					 Priority System. After adoption by the Board, modification to these documents
					 may be adopted by the Board as provided for in the Intended Use Plan without
					 further public comment and review.
Miss. Code Ann.
					 §
											41-3-16(3)(b)
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 2 - PROGRAM REQUIREMENTS › Subchapter 5 - DWSIRLF Uses › Rule 33-2-2.5.1

Current through June 25, 2024
The DWSIRLF may be used for the following purposes, subject
					 to the intended use plan for a given fiscal year.
1. To make loans on the conditions that:
a. Such loans are made at or below market
				  interest rates, at terms not to exceed 20 years after project completion, or as
				  otherwise allowed by the SDWA;
b.
				  Monthly principal and interest repayments will commence as further described in
				  Chapter 3 Subchapter 10 of these regulations;
c. The recipient of a loan must establish a
				  dedicated source of revenue for repayment of loans; and
d. The fund will be credited with all
				  payments of principal and interest on all loans.
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 2 - PROGRAM REQUIREMENTS › Subchapter 6 - State Capitalization Grant Application › Rule 33-2-2.6.1

Current through June 25, 2024
After the Board adopts each annual Intended Use Plan,
					 including the Priority System and Priority List, the State Health Officer or
					 his designee will submit these items with an application for any available
					 federal Drinking Water State Revolving Fund Capitalization
					 Grant.
Miss. Code Ann.
					 §
											41-3-16(3)(b)
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 2 - PROGRAM REQUIREMENTS › Subchapter 7 - Federal Requirements › Rule 33-2-2.7.1

Current through June 25, 2024
All projects which receive loan assistance from the DWSIRLF
					 must meet the requirements of the SDWA, the cross-cutting laws and authorities
					 specified in Appendix H, and all related implementing regulations. The
					 Department may establish state procedures acceptable to EPA.
Miss. Code Ann.
					 §
											41-3-16(3)(b)
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 2 - PROGRAM REQUIREMENTS › Subchapter 8 - Intended Use Plan › Rule 33-2-2.8.1

Current through June 25, 2024
The Board will prepare an annual Intended Use Plan (IUP),
					 which describes how the Board intends to use DWSIRLF program funds to support
					 the overall goals of the DWSIRLF program, in accordance with the federal
					 requirements found in 40 CFR Part 35, Subpart L, Section 35.3555. The Board
					 will seek public review and comments during the development of this IUP and
					 will take all comments received into consideration before adoption of the final
					 IUP.
Miss. Code Ann.
					 §
											41-3-16(3)(b)