reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 20 - Bureau of Public Water Supply › Subpart 72 - Public Water Supply › Chapter 5 - REGULATIONS GOVERNING AMERICAN RESCUE PLAN ACT RURAL WATER ASSOCIATIONS INFRASTRUCTURE GRANT PROGRAM › Subchapter 3 - Project Requirements › Rule 15-20-72-5.3.20.3 - Final Determination Letter

Current through June 25, 2024
Unless, within 30 days after the date of the above final
						determination, the Grant recipient submits 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,
						the final determination of allowable costs will become the final allowable
						costs for purposes of ARPA RWAI Grant payments and the Grant agreement, and the
						Grant recipient shall receive a final determination letter from the
						department.
House Bill 1421,
						2022 Regular Session
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 20 - Bureau of Public Water Supply › Subpart 72 - Public Water Supply › Chapter 5 - REGULATIONS GOVERNING AMERICAN RESCUE PLAN ACT RURAL WATER ASSOCIATIONS INFRASTRUCTURE GRANT PROGRAM › Subchapter 3 - Project Requirements › Rule 15-20-72-5.3.20.4 - Final Determination Letter following Appeal

Current through June 25, 2024
Should an appeal be submitted in accordance with Rule
						5.3.20.3 above, the disputes
						procedures established in Subchapter 9 of these regulations will be followed in
						order to resolve the dispute and establish the final allowable costs. Upon
						resolution of a dispute of the final determination, the Department will
						transmit to the Grant recipient a revised final determination
						letter.
House Bill 1421,
						2022 Regular Session
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 20 - Bureau of Public Water Supply › Subpart 72 - Public Water Supply › Chapter 5 - REGULATIONS GOVERNING AMERICAN RESCUE PLAN ACT RURAL WATER ASSOCIATIONS INFRASTRUCTURE GRANT PROGRAM › Subchapter 3 - Project Requirements › Rule 15-20-72-5.3.21.1 - Payments to ARPA RWAI Grant recipients

Current through June 25, 2024
Payments from the ARPA RWAIG Fund may be made to ARPA
						RWAI Grant recipients under the following conditions:
1. Payments may be requested by and made only
					 to Grant recipients, in accordance with the Grant agreement and the Grant
					 recipient's contracts for eligible and allowable services and construction for
					 work performed within the project scope and budget period.
2. Payments may be requested only on project
					 completed work, except as required by state law or as allowed by the
					 Department.
3. The Grant recipient
					 shall deduct from all ARPA RWAIG Fund payment requests the amount of funds
					 provided or to be provided from all other state and federal agency funding
					 sources for allowable ARPA RWAIG Fund project costs.
House Bill 1421,
						2022 Regular Session
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 20 - Bureau of Public Water Supply › Subpart 72 - Public Water Supply › Chapter 5 - REGULATIONS GOVERNING AMERICAN RESCUE PLAN ACT RURAL WATER ASSOCIATIONS INFRASTRUCTURE GRANT PROGRAM › Subchapter 3 - Project Requirements › Rule 15-20-72-5.3.21.2 - Payment Request Submissions

Current through June 25, 2024
Payment requests shall be submitted by the Grant
						recipient to the Department and shall include the following:
1. ARPA RWAIG Fund payment request form with
					 original signature;
2. Cumulative
					 invoices for all allowable costs for which payment is requested; and
3. Any other documents required by the Grant
					 agreement.
House Bill 1421,
						2022 Regular Session
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 20 - Bureau of Public Water Supply › Subpart 72 - Public Water Supply › Chapter 5 - REGULATIONS GOVERNING AMERICAN RESCUE PLAN ACT RURAL WATER ASSOCIATIONS INFRASTRUCTURE GRANT PROGRAM › Subchapter 3 - Project Requirements › Rule 15-20-72-5.3.21.3 - Timing of Payments

Current through June 25, 2024
Provided the Grant recipient is in compliance with the
						requirements of these regulations and all provisions of the Grant agreement,
						the timing of ARPA RWAIG payments will be upon submission of a reimbursement
						request by the grant recipient for eligible and allowable services and
						construction for work performed within the project scope and grant award
						period. Payments may be requested no more often than on a monthly
						basis.
House Bill 1421,
						2022 Regular Session
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 20 - Bureau of Public Water Supply › Subpart 72 - Public Water Supply › Chapter 5 - REGULATIONS GOVERNING AMERICAN RESCUE PLAN ACT RURAL WATER ASSOCIATIONS INFRASTRUCTURE GRANT PROGRAM › Subchapter 3 - Project Requirements › Rule 15-20-72-5.3.21.4 - Repayments

Current through June 25, 2024
Any payments made to the Grant recipient which are at any
						time determined by the Department to be for costs not in accordance with the
						Grant agreement, for ineligible or unallowable costs, or for costs related to
						waste, fraud, abuse, or illegal acts under state or federal law shall be repaid
						to the ARPA RWAI grant fund within 30 days of such notification by the
						Department. Interest may be charged on delinquent repayments after expiration
						of the 30-day period at a rate of ten (10) percent per annum, compounded
						monthly. Alternatively, the Department may withhold such amounts from
						subsequent payment requests.
House Bill 1421,
						2022 Regular Session
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 20 - Bureau of Public Water Supply › Subpart 72 - Public Water Supply › Chapter 5 - REGULATIONS GOVERNING AMERICAN RESCUE PLAN ACT RURAL WATER ASSOCIATIONS INFRASTRUCTURE GRANT PROGRAM › Subchapter 4 - Costs › Rule 15-20-72-5.4.1 - General

Current through June 25, 2024
Eligible costs are those costs in which ARPA RWAI Grant
						participation is authorized pursuant to applicable statute. Allowable costs are
						eligible costs that meet the following criteria:
1. Are necessary and reasonable for the
					 proper and efficient administration and construction of the project, are
					 allocable to and within the defined scope of the project and are not a general
					 expense required to carry out the overall responsibilities of the Grant
					 recipient.
2. Are authorized or not
					 prohibited under federal, 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. Are consistent
					 with policies, regulations, and procedures that apply uniformly to both state
					 assisted and other activities of the Grant recipient.
5. Are accorded consistent treatment through
					 the application of generally accepted accounting principles appropriate to the
					 circumstances.
6. Are not allocable
					 to or included as a cost of any other Federal or State financed program in
					 either the current, prior, or future period.
7. Are approved as allowable by the
					 Department.
8. Are within the scope
					 and budget period of the project as per the Grant agreement. However, the
					 budget period does not apply to the planning and design allowance.
9. Notwithstanding this Subchapter, are
					 eligible and allowable under the ARPA and any implementing federal
					 regulations.
10. Are procured in
					 accordance with Subchapter 7 of these regulations.
House Bill 1421,
						2022 Regular Session & Senate Bill 2444, 2023 Regular Session of the MS
						Legislature
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 20 - Bureau of Public Water Supply › Subpart 72 - Public Water Supply › Chapter 5 - REGULATIONS GOVERNING AMERICAN RESCUE PLAN ACT RURAL WATER ASSOCIATIONS INFRASTRUCTURE GRANT PROGRAM › Subchapter 4 - Costs › Rule 15-20-72-5.4.2 - Construction

Current through June 25, 2024
1. Allowable Construction Costs include the
					 costs for:
A. The following types of
					 projects, and as further described or limited in the Grant Agreement under
					 which the project is funded:
(i) projects
					 that will facilitate compliance with national primary drinking water
					 regulations;
(ii) projects that
					 will facilitate consolidation of public water systems or the use of an
					 alternative water supply. Consolidation between rural water associations and
					 municipalities is eligible if one party is an eligible grant
					 applicant.
(iii) projects that will
					 upgrade a drinking water system; or
(iv) development of a public water system to
					 replace private drinking water supplies if the water poses a significant threat
					 to human health.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 20 - Bureau of Public Water Supply › Subpart 72 - Public Water Supply › Chapter 5 - REGULATIONS GOVERNING AMERICAN RESCUE PLAN ACT RURAL WATER ASSOCIATIONS INFRASTRUCTURE GRANT PROGRAM › Subchapter 4 - Costs › Rule 15-20-72-5.4.3 - Equipment, Materials and Supplies

Current through June 25, 2024
1. Allowable costs
					 include the costs of:
A. A reasonable
					 inventory of chemicals and supplies necessary to initiate plant operations and
					 laboratory items necessary to conduct tests required for plant
					 operation.
B. Necessary and
					 reasonable safety equipment, provided the equipment meets applicable federal,
					 state, local or industry safety requirements.
C. Constructing or installing water flow
					 metering devices for the primary purpose of monitoring and/or billing
					 inter-municipal or other flows or serving and billing individual residential,
					 commercial or industrial users.
D.
					 Backflow preventers.
E. Computers,
					 display monitors, and computer software which are designed into the control
					 system for the daily operation of the water system, used for the operational
					 control and analysis of the water system, or specifically designed for the
					 operation and maintenance (including the cost of developing unique operating
					 programs for the specific Grant funded project) of the treatment
					 works.
F. Specialized mobile
					 equipment for the operation of the water system, or for the maintenance of
					 equipment. These items include, but are not limited to:
(i) Portable stand-by generators.
(ii) Portable emergency pumps to provide
					 "pump-around" capability in the event of booster station failure or pipeline
					 breaks.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 20 - Bureau of Public Water Supply › Subpart 72 - Public Water Supply › Chapter 5 - REGULATIONS GOVERNING AMERICAN RESCUE PLAN ACT RURAL WATER ASSOCIATIONS INFRASTRUCTURE GRANT PROGRAM › Subchapter 4 - Costs › Rule 15-20-72-5.4.4 - Change Orders

Current through June 25, 2024
1. Change orders
					 are allowable provided the costs are:
A.
					 Necessary and reasonable.
B. Within
					 the scope of the project.
C. Not
					 caused by the Grant recipient's mismanagement.
D. Not caused by the Grant recipient's
					 vicarious liability for the improper actions of others.
E. In conformance with the ARPA RWAIG
					 regulations.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 20 - Bureau of Public Water Supply › Subpart 72 - Public Water Supply › Chapter 5 - REGULATIONS GOVERNING AMERICAN RESCUE PLAN ACT RURAL WATER ASSOCIATIONS INFRASTRUCTURE GRANT PROGRAM › Subchapter 4 - Costs › Rule 15-20-72-5.4.5 - Professional Services

Current through June 25, 2024
The term professional services refers to engineering,
						legal, administrative, and similar services.
1. Allowable costs include the costs of/for:
A. Planning, application, and design. These
					 costs include all engineering and other costs that are incurred in planning and
					 designing the project, as well as applying for the Grant. These costs include
					 but are not necessarily limited to the following services, as determined
					 allowable in Subchapter 5 of these regulations.
(i) Preparing the plans, specifications, and
					 contract documents.
(ii) Preparing
					 interlocal agreements necessary for the project.
(iii) Surveys and all other work needed to
					 obtain clearance or permits from all intergovernmental review
					 agencies.
(iv) Preparing the Grant
					 application, preparing applications for permits required by federal, state or
					 local regulations or procedures.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 20 - Bureau of Public Water Supply › Subpart 72 - Public Water Supply › Chapter 5 - REGULATIONS GOVERNING AMERICAN RESCUE PLAN ACT RURAL WATER ASSOCIATIONS INFRASTRUCTURE GRANT PROGRAM › Subchapter 4 - Costs › Rule 15-20-72-5.4.6 - Claims

Current through June 25, 2024
1. Allowable costs, provided the costs are
					 properly documented, incurred and requested prior to the end of the 60-day
					 period established Rule
					 5.3.19.11 of these regulations,
					 include:
A. Change orders to the construction
					 contract as a result of settlements, arbitration awards, or court judgements,
					 to the extent that they would have been allowable had there not been a
					 claim.
B. The costs of assessing
					 the merits of, negotiating, or defending a claim against the Grant recipient
					 are allowable, regardless of the outcome, provided that the matter under
					 dispute is not the result of fraudulent or illegal actions or mismanagement on
					 the part of the Grant recipient.
C.
					 Alterations in engineering, legal, contracts etc. as a result of settlements,
					 arbitration awards, or court judgements are allowable to the same extent that
					 they would have been allowable had there not been a claim.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 20 - Bureau of Public Water Supply › Subpart 72 - Public Water Supply › Chapter 5 - REGULATIONS GOVERNING AMERICAN RESCUE PLAN ACT RURAL WATER ASSOCIATIONS INFRASTRUCTURE GRANT PROGRAM › Subchapter 4 - Costs › Rule 15-20-72-5.4.7 - Mitigation

Current through June 25, 2024
1. Allowable costs include the costs of:
A. Mitigation of only direct adverse physical
					 impacts resulting from construction of the project.
B. Reasonable site screening necessary to
					 comply with required environmental review and necessary to screen adjacent
					 properties.
C. Groundwater
					 monitoring facilities necessary to determine the possibility of groundwater
					 deterioration, depletion or modification resulting from construction of the
					 project. The extent of the allowable costs for groundwater monitoring
					 facilities is decided on a case-by-case basis and depends on the size and
					 complexity of the project and the present and potential future use of the
					 groundwater.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 20 - Bureau of Public Water Supply › Subpart 72 - Public Water Supply › Chapter 5 - REGULATIONS GOVERNING AMERICAN RESCUE PLAN ACT RURAL WATER ASSOCIATIONS INFRASTRUCTURE GRANT PROGRAM › Subchapter 4 - Costs › Rule 15-20-72-5.4.8 - Real Property

Current through June 25, 2024
1. Allowable costs
					 include the costs of:
A. Land acquired in fee
					 simple title or by easement, from a willing seller, for:
(i) Water supply and/or storage
					 purposes;
(ii) A consolidation
					 project; and
(iii) Protection of
					 the source water of the system from contamination.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 20 - Bureau of Public Water Supply › Subpart 72 - Public Water Supply › Chapter 5 - REGULATIONS GOVERNING AMERICAN RESCUE PLAN ACT RURAL WATER ASSOCIATIONS INFRASTRUCTURE GRANT PROGRAM › Subchapter 4 - Costs › Rule 15-20-72-5.4.9 - Miscellaneous Costs

Current through June 25, 2024
1. Allowable costs
					 include the costs of:
A. Equipment rental and
					 material costs necessary for the construction project.
B. Meeting specific legal requirements
					 directly related to the project unless otherwise specified in these
					 regulations.
C. Royalties
					 associated with the procurement of the right to use, or the rights in, a
					 patented product, apparatus, or process, provided that they are based on a
					 published fee schedule or on reasonable fees charged to other users under
					 similar conditions.
D. Training
					 workshops/seminars for Grant recipient employees that are necessary to provide
					 instruction in operational, administrative, fiscal or contracting procedures
					 required to complete the construction of the project. Attendance at such
					 training workshops or seminars shall occur after Grant offer but before the end
					 of the Grant agreement budget period.
E. A reasonable project sign.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 20 - Bureau of Public Water Supply › Subpart 72 - Public Water Supply › Chapter 5 - REGULATIONS GOVERNING AMERICAN RESCUE PLAN ACT RURAL WATER ASSOCIATIONS INFRASTRUCTURE GRANT PROGRAM › Subchapter 4 - Costs › Rule 15-20-72-5.4.10 - Project Income

Current through June 25, 2024
1. Bid bond
					 forfeitures will have no effect on the determination of allowable and
					 unallowable costs. The Grant recipient shall make the determination of whether
					 or not a bid bond will be forfeited.
2. The amount of liquidated damages collected
					 will have no effect on the determination of allowable and unallowable costs,
					 except as described by Rule
					 5.3.17.4 of these
					 regulations.
3. Interest income on
					 ARPA RWAIG Fund payments to Grant recipients will have no effect on the
					 determination of allowable and unallowable costs.
4. The Grant recipient shall receive all
					 income generated from use of the project facilities.
House
						Bill 1421, 2022 Regular Session
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 20 - Bureau of Public Water Supply › Subpart 72 - Public Water Supply › Chapter 5 - REGULATIONS GOVERNING AMERICAN RESCUE PLAN ACT RURAL WATER ASSOCIATIONS INFRASTRUCTURE GRANT PROGRAM › Subchapter 4 - Costs › Rule 15-20-72-5.4.11 - PWS Acquisition

Current through June 25, 2024
1. Allowable costs
					 include the costs of
:
A.
					 Purchase of a public or private Public Water System to consolidate system with
					 Grant Applicant.
B. Cost of
					 appraisal of water system infrastructure by a licensed engineer
C. Legal costs associated with negotiation of
					 acquisition and preparation of acquisition documents
D. Real property costs as outlined in these
					 regulations, including purchase of existing water distribution system
					 easements
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 20 - Bureau of Public Water Supply › Subpart 72 - Public Water Supply › Chapter 5 - REGULATIONS GOVERNING AMERICAN RESCUE PLAN ACT RURAL WATER ASSOCIATIONS INFRASTRUCTURE GRANT PROGRAM › Subchapter 5 - Recommended Allowances for Planning, Design and Construction Phase Professional Services › Rule 15-20-72-5.5.1 - Recommended Allowances for Planning and Design

Current through June 25, 2024
The recommended allowance for planning and design will be
						determined using Table 1 in this Subchapter. This table is not intended to be
						used to determine the consulting engineer's allowable costs for planning and
						design services. Compensation for these services should be based upon the
						nature, scope, and complexity of the services required for the project.
Table 1 includes a recommended range for engineering
						costs during planning and design, which the Grant applicant/recipient should
						consider while evaluating the engineer's proposal. If the engineer's proposal
						exceeds the normal range the Grant applicant/recipient should consider
						requiring the engineer to justify why the project is more difficult than
						normal. The actual compensation justified for a particular project may be more
						or less than the suggested range of the allowance for these services shown in
						Table 1.
If the consulting engineer and Grant applicant/recipient
						determine that the maximum recommended allowance calculated using Table 1 in
						this Subchapter does not adequately reflect the nature, scope, and complexity
						of the services required for the project, the consulting engineer may submit a
						detailed cost proposal, in such format as required by the Department,
						justifying a compensation amount greater than Table 1 recommends. If, in the
						Department's opinion, the detailed cost proposal justifies such, the Department
						will approve an allowance for facilities planning and design greater than those
						recommended in Table 1. The decision of the Department in this matter will be
						final.
Projects for which the Grant applicant/recipient shall
						acquire easements or real property may receive an additional 1% above the
						recommended maximum percentages shown in Table 1 for planning and design
						allowances. Also, projects for which a value engineering study is conducted may
						receive an additional 3% above the recommended maximum percentages shown in
						Table 1 for the planning and design allowance.
House Bill 1421,
						2022 Regular Session
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 20 - Bureau of Public Water Supply › Subpart 72 - Public Water Supply › Chapter 5 - REGULATIONS GOVERNING AMERICAN RESCUE PLAN ACT RURAL WATER ASSOCIATIONS INFRASTRUCTURE GRANT PROGRAM › Subchapter 6 - Environmental Review Process › Rule 15-20-72-5.6.1 - Description of Environmental Impacts

Current through June 25, 2024
The Licensed Engineer is required to certify the
						environmental impact of the project as either low, moderate, or high. If the
						Licensed Engineer determines that there is either a moderate or high impact,
						the Licensed Engineer shall prepare an Environmental Review Report. The report
						shall bear the seal of the licensed engineer responsible for preparation of the
						report and shall 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.
House Bill 1421,
						2022 Regular Session & Senate Bill 2444, 2023 Regular Session of the MS
						Legislature
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 20 - Bureau of Public Water Supply › Subpart 72 - Public Water Supply › Chapter 5 - REGULATIONS GOVERNING AMERICAN RESCUE PLAN ACT RURAL WATER ASSOCIATIONS INFRASTRUCTURE GRANT PROGRAM › Subchapter 6 - Environmental Review Process › Rule 15-20-72-5.6.2 - Environmental Review

Current through June 25, 2024
The Licensed Engineer will take one or more of the
						following actions pursuant to the review of the of Environmental Impacts:
1. Previously Disturbed Certification
Complete certification that all work to be performed as a
						part of this project will be performed on previously disturbed sites,
						easements, and/or rights-of-way. Certify that no new sites, easements and/or
						rights-of-way will be disturbed as a result of this construction/repair
						project, and therefore, no comments or responses are required from the state or
						federal agencies listed below in order to ensure compliance with the state or
						federal laws or regulations under the jurisdiction of these agencies.
2. Environmental Impacts Resolved
					 Certification Complete certification that comments and responses have been
					 solicited and resolved from the state and federal agencies listed below
					 regarding all work to be performed under this project on new sites, easements,
					 and/or rights-of-way.
3. No Further
					 Action
The Licensed Engineer will complete the appropriate
						certification on all ARPA RWAIG 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 the certification. 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 previously disturbed certification.
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 shall be notified by the
						Grant recipient.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 20 - Bureau of Public Water Supply › Subpart 72 - Public Water Supply › Chapter 5 - REGULATIONS GOVERNING AMERICAN RESCUE PLAN ACT RURAL WATER ASSOCIATIONS INFRASTRUCTURE GRANT PROGRAM › Subchapter 6 - Environmental Review Process › Rule 15-20-72-5.6.3 - Issuance of the Environmental Certification

Current through June 25, 2024
Copies of all necessary environmental review and
						certification documentation should be issued to the appropriate
						intergovernmental review agencies listed in Subchapter 8; other agencies shall
						be contacted as needed. Copies shall also be sent to any individuals or groups
						requesting them. All environmental review documentation shall be maintained at
						the grant recipient's office location for review upon
						request.
House Bill 1421,
						2022 Regular Session & Senate Bill 2444, 2023 Regular Session of the MS
						Legislature
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 20 - Bureau of Public Water Supply › Subpart 72 - Public Water Supply › Chapter 5 - REGULATIONS GOVERNING AMERICAN RESCUE PLAN ACT RURAL WATER ASSOCIATIONS INFRASTRUCTURE GRANT PROGRAM › Subchapter 6 - Environmental Review Process › Rule 15-20-72-5.6.4 - Resolution of Adverse Comments

Current through June 25, 2024
Adverse comments received as a result of the
						environmental review process should be addressed in the following
						manner:
1. The Grant recipient should
					 resolve the adverse comments
2. If
					 the Grant recipient is unable to resolve the adverse comments and secure
					 approval, the Department may comment on the unresolved issues and suggest a
					 course of action.
House Bill 1421,
						2022 Regular Session
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 20 - Bureau of Public Water Supply › Subpart 72 - Public Water Supply › Chapter 5 - REGULATIONS GOVERNING AMERICAN RESCUE PLAN ACT RURAL WATER ASSOCIATIONS INFRASTRUCTURE GRANT PROGRAM › Subchapter 7 - Miscellaneous Requirements for ARPA RWAIG recipients › Rule 15-20-72-5.7.1

Current through June 25, 2024
Within this subchapter, Grant recipients should have an
						understanding of various miscellaneous elements that could affect the
						project(s) ability to proceed from application to design to construction to
						grant payment.
Procurement Requirements
.
1. In the procurement of all construction,
					 equipment, materials, supplies, professional services and non-professional
					 services and all other costs related to the ARPA RWAIG project, all Grant
					 recipients shall comply with federal procurement regulations and state
					 purchasing laws as they apply to local governments.
2. The procurement and conduct of all
					 professional engineering and land surveying services shall also be in
					 accordance with the Code of Conduct a and other guidance and interpretations
					 established by the Mississippi State Board of Registration for Professional
					 Engineers and Land Surveyors.
3.
					 The procurement of all construction contracts shall 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.
4. All Grant
					 recipients shall submit a procurement certification, as required by the
					 Department, indicating that all 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 ARPA RWAIG funds paid for such costs, in
					 accordance with Rule 5.3.21.4 of
					 these regulations.
House Bill 1421,
						2022 Regular Session & Senate Bill 2444, 2023 Regular Session of the MS
						Legislature
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 20 - Bureau of Public Water Supply › Subpart 72 - Public Water Supply › Chapter 5 - REGULATIONS GOVERNING AMERICAN RESCUE PLAN ACT RURAL WATER ASSOCIATIONS INFRASTRUCTURE GRANT PROGRAM › Subchapter 7 - Miscellaneous Requirements for ARPA RWAIG recipients › Rule 15-20-72-5.7.2 - Debarment and Suspension

Current through June 25, 2024
The Department is prohibited from entering into Grant
						agreements with Grant applicants that have been debarred or suspended by any
						state or federal agency.
Grant recipients are prohibited from entering into
						contractual agreements with individuals, businesses, organizations, or any
						other entities that have been debarred or suspended by any state or federal
						agency. Additionally, grant recipients are responsible for ensuring that prime
						contractors utilized on the project are not debarred or suspended. Likewise,
						prime contractors are responsible for ensuring that subcontractors utilized on
						the project are not debarred or suspended.
Anyone may contact the Board concerning the existence of
						a cause for debarment or suspension. The Department may refer the matter to the
						State Attorney General or other appropriate office for further investigation.
						If, after review or investigation, the Board reasonably believes that a cause
						for debarment exists, the Board 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 Grant
						recipient.
House Bill 1421,
						2022 Regular Session
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 20 - Bureau of Public Water Supply › Subpart 72 - Public Water Supply › Chapter 5 - REGULATIONS GOVERNING AMERICAN RESCUE PLAN ACT RURAL WATER ASSOCIATIONS INFRASTRUCTURE GRANT PROGRAM › Subchapter 7 - Miscellaneous Requirements for ARPA RWAIG recipients › Rule 15-20-72-5.7.3 - ARPA RWAIG Dispute Procedures

Current through June 25, 2024
Only ARPA RWAIG recipients may submit a notice of dispute
						(disagreement) with a decision made by the Department, with the exception of
						decisions regarding Subchapter 6, Environmental Review Process, of these
						regulations. The following procedures will be used to resolve disputes between
						the Grant recipient and the Department.
1. The Grant recipient shall submit a written
					 notice of dispute with a Department decision, including a summary of the
					 dispute and reasons the Grant recipient believes the Department decision should
					 be reversed.
2. The Department will
					 then render a written decision on the dispute and will include reasons for the
					 decision.
3. Should the Grant
					 recipient desire to appeal the second Department decision, a request for an
					 informal hearing shall be received by the Department within 30 days after the
					 date of that decision. Upon receipt of such a request, an informal hearing will
					 be held with staff members, as designated by the State Health Officer, and the
					 affected parties. The State Health Officer, or his designee, will render a
					 decision on the appeal as a result of the informal hearing.
4. Appeals of the above formal hearing
					 decision may be made to the Chancery Court in accordance with state
					 law.
House Bill 1421,
						2022 Regular Session
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 20 - Bureau of Public Water Supply › Subpart 72 - Public Water Supply › Chapter 5 - REGULATIONS GOVERNING AMERICAN RESCUE PLAN ACT RURAL WATER ASSOCIATIONS INFRASTRUCTURE GRANT PROGRAM › Subchapter 7 - Miscellaneous Requirements for ARPA RWAIG recipients › Rule 15-20-72-5.7.4 - Waste Fraud and Abuse

Current through June 25, 2024
The Grant recipient is responsible for preventing,
						detecting, and prosecuting waste, fraud, abuse, and all other corrupt practices
						which occur in relation to the ARPA RWAIG project.
If the Grant recipient becomes aware of allegations,
						evidence, or the appearance of corrupt practices, the Grant recipient shall:
1. Immediately inform the Department
					 in writing; and
2. Promptly pursue
					 available state and local legal, administrative, and contractual remedies.
The Department may disallow costs under the Grant
						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
						ARPA RWAI Grant funds paid for such costs in accordance with Rule
						5.3.21.4 of these
						regulations.
House Bill 1421,
						2022 Regular Session
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 20 - Bureau of Public Water Supply › Subpart 72 - Public Water Supply › Chapter 5 - REGULATIONS GOVERNING AMERICAN RESCUE PLAN ACT RURAL WATER ASSOCIATIONS INFRASTRUCTURE GRANT PROGRAM › Subchapter 7 - Miscellaneous Requirements for ARPA RWAIG recipients › Rule 15-20-72-5.7.5 - ARPA RWAIG Recipient Accounting and Auditing Requirements

Current through June 25, 2024
All ARPA RWAIG recipients shall 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 shall
						be properly supported, related to eligible construction costs, and documented
						by appropriate records. These project accounts shall be maintained as separate
						accounts.
All contracts for professional services,
						construction, equipment, and supplies shall 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 ARPA RWAIG
						funds.
House Bill 1421,
						2022 Regular Session
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 20 - Bureau of Public Water Supply › Subpart 72 - Public Water Supply › Chapter 5 - REGULATIONS GOVERNING AMERICAN RESCUE PLAN ACT RURAL WATER ASSOCIATIONS INFRASTRUCTURE GRANT PROGRAM › Subchapter 7 - Miscellaneous Requirements for ARPA RWAIG recipients › Rule 15-20-72-5.7.6 - ARPA RWAIG Procurement Protest Procedures

Current through June 25, 2024
1.
					 Prior to advertisement for bids, the Grant recipient should consider
					 establishing its own procedures for prompt consideration of initial protests
					 concerning solicitations or contract awards. A "protest" is a written complaint
					 concerning the Grant recipient's solicitation or award of a contract. The
					 protest shall be filed with the Grant recipient by a party with a direct
					 financial interest adversely affected by a Grant recipient's procurement action
					 and shall be filed in accordance with and within the time frame established by
					 the Grant recipient's protest procedures.
2. Any delay due to a protest or protest
					 resolution will not relieve the Grant recipient of the requirement to meet the
					 project schedule established in the Grant agreement, nor will such delays
					 prevent the Department from pursuing the remedies for default established in
					 the Grant agreement.
House Bill 1421,
						2022 Regular Session
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 20 - Bureau of Public Water Supply › Subpart 72 - Public Water Supply › Chapter 5 - REGULATIONS GOVERNING AMERICAN RESCUE PLAN ACT RURAL WATER ASSOCIATIONS INFRASTRUCTURE GRANT PROGRAM › Subchapter 7 - Miscellaneous Requirements for ARPA RWAIG recipients › Rule 15-20-72-5.7.7 - Related State Laws and Regulations

Current through June 25, 2024
The Grant recipient shall comply with the applicable
						related state laws and regulations regarding Mississippi Safe Drinking Water
						Act and Operator Certification during the planning, design, construction, and
						operation of the project.
House Bill 1421,
						2022 Regular Session
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 20 - Bureau of Public Water Supply › Subpart 72 - Public Water Supply › Chapter 5 - REGULATIONS GOVERNING AMERICAN RESCUE PLAN ACT RURAL WATER ASSOCIATIONS INFRASTRUCTURE GRANT PROGRAM › Subchapter 7 - Miscellaneous Requirements for ARPA RWAIG recipients › Rule 15-20-72-5.7.8 - National Pollutant Discharge Elimination System (NPDES) and Siting Criteria Regulations

Current through June 25, 2024
National Pollutant Discharge Elimination System (NPDES)
						and Siting Criteria Regulations
The following requirements apply to those drinking water
						treatment facilities that have or will construct wastewater treatment
						facilities necessary to treat waste generated by their drinking water treatment
						facilities.
The Grant recipient shall ensure that all current
						applicable regulations of the Commission on Environmental Quality and the
						Environmental Quality Permit Board are complied with during the planning,
						design, and construction of any wastewater treatment facilities associated with
						this ARPA RWAIG project. It is the Grant recipient's responsibility to ensure
						that the project is in compliance with these regulations and all future
						amendments.
House Bill 1421,
						2022 Regular Session
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 20 - Bureau of Public Water Supply › Subpart 72 - Public Water Supply › Chapter 5 - REGULATIONS GOVERNING AMERICAN RESCUE PLAN ACT RURAL WATER ASSOCIATIONS INFRASTRUCTURE GRANT PROGRAM › Subchapter 8 - Intergovernmental Review Process

Current through June 25, 2024
The following outlines the Department's guidance for
					 compliance with the Intergovernmental Review concerns for ARPA RWAIG
					 projects.
House Bill 1421, 2022
					 Regular Session
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 20 - Bureau of Public Water Supply › Subpart 72 - Public Water Supply › Chapter 5 - REGULATIONS GOVERNING AMERICAN RESCUE PLAN ACT RURAL WATER ASSOCIATIONS INFRASTRUCTURE GRANT PROGRAM › Subchapter 8 - Intergovernmental Review Process › Rule 15-20-72-5.8.1 - Intergovernmental Review Agencies

Current through June 25, 2024
1. Mississippi
					 Department of Archives and History (for archaeological/cultural
					 review)
2. Mississippi Natural
					 Heritage Program (for vegetative/wildlife review)
3. U.S. Army Corps of Engineers, Regulatory
					 Functions Branch [for Section 404 (wetlands), Section 10 (navigable waterways),
					 and floodplain impact review]
4.
					 Mississippi Department of Marine Resources (Jackson, Harrison, and Hancock
					 County Projects Only; for shellfish review and Mississippi Coastal Program
					 review)
5. U.S. Fish and Wildlife
					 Service (Jackson, Harrison, and Hancock County projects only; for Coastal
					 Barriers Resources Act review)
6.
					 U.S. Forest Service (projects located in a designated Wild and Scenic River
					 Basin only, for Wild and Scenic Rivers review)
House Bill 1421,
						2022 Regular Session
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 20 - Bureau of Public Water Supply › Subpart 72 - Public Water Supply › Chapter 5 - REGULATIONS GOVERNING AMERICAN RESCUE PLAN ACT RURAL WATER ASSOCIATIONS INFRASTRUCTURE GRANT PROGRAM › Subchapter 8 - Intergovernmental Review Process › Rule 15-20-72-5.8.2 - Planning and Design

Current through June 25, 2024
During preparation of the plans and specifications, the
						Licensed Engineer will ensure that the appropriate intergovernmental review
						agencies have been consulted about the proposed project area concerning the
						existence of any known or possible archaeological/cultural sites, endangered
						vegetation/wildlife, wetlands, floodplain impacts, wild/scenic river impacts,
						shellfish/coastal program impacts, or coastal barriers resources impact. The
						Licensed Engineer will certify during the plans, specifications, and contract
						documents phase, that the proposed project components have been evaluated
						through a intergovernmental review process and that no concerns have been
						discovered that would prevent the project from moving forward and that the
						project has been cleared. If feasible, the project should avoid negative
						impacts on areas for which a concern has been expressed by an intergovernmental
						review agency. If it is not feasible to avoid negative impacts on these areas,
						the appropriate intergovernmental review agency should be consulted concerning
						the probability of obtaining clearance to construct the selected
						plan.
House Bill 1421,
						2022 Regular Session & Senate Bill 2444, 2023 Regular Session of the MS
						Legislature
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 21 - Division of Radiological Health › Subpart 78 - Radiological Health › Chapter 1 - REGULATIONS FOR CONTROL OF RADIATION IN MISSISSIPPI › Subchapter 1 - General Provisions › Rule 15-21-78-1.1.1 - Scope

Current through June 25, 2024
Except as otherwise specifically provided, these
						regulations apply to all persons who receive, possess, use, transfer, own, or
						acquire any source of radiation; provided, however, that nothing in these
						regulations shall apply to any person to the extent such person is subject to
						regulation by the U.S. Nuclear Regulatory
						Commission.1
Miss. Code Ann.
						§
												45-14-11
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 21 - Division of Radiological Health › Subpart 78 - Radiological Health › Chapter 1 - REGULATIONS FOR CONTROL OF RADIATION IN MISSISSIPPI › Subchapter 1 - General Provisions › Rule 15-21-78-1.1.3 - Exemptions

Current through June 25, 2024
1. The Agency may, upon application or upon
					 its own initiative, grant such exemptions or exceptions from the requirements
					 of these regulations as it determines are authorized by law and will not result
					 in undue hazard to public health and safety or property.
2. U.S. Department of Energy Contractors and
					 U.S. Nuclear Regulatory Commission Contractors. Any U.S. Department of Energy
					 contractor or subcontractor and any U.S. Nuclear Regulatory Commission
					 contractor or subcontractor of the following categories operating within this
					 State is exempt from these regulations to the extent that such contractor or
					 subcontractor under his contract receives, possesses, uses, transfers, or
					 acquires sources of radiation:
a. prime
					 contractors performing work for the U.S. Department of Energy at U.S.
					 Government-owned or -controlled sites, including the transportation of sources
					 of radiation to or from such sites and the performance of contract services
					 during temporary interruptions of such transportation;
b. prime contractors of the U.S. Department
					 of Energy performing research in, or development, manufacture, storage,
					 testing, or transportation of, atomic weapons or components thereof;
c. prime contractors of the U.S. Department
					 of Energy using or operating nuclear reactors or other nuclear devices in a
					 United States Government-owned vehicle or vessel; and
d. any other prime contractor or
					 subcontractor of the U.S. Department of Energy or of the U.S. Nuclear
					 Regulatory Commission when the State and the U.S. Nuclear Regulatory Commission
					 jointly determine:
i. that the exemption of
					 the prime contractor or subcontractor is authorized by law; and
ii. that, under the terms of the contract or
					 subcontract, there is adequate assurance that the work thereunder can be
					 accomplished without undue risk to the public health and safety.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 21 - Division of Radiological Health › Subpart 78 - Radiological Health › Chapter 1 - REGULATIONS FOR CONTROL OF RADIATION IN MISSISSIPPI › Subchapter 1 - General Provisions › Rule 15-21-78-1.1.4 - Records

Current through June 25, 2024
Each licensee and registrant shall maintain records
						showing the receipt, transfer, and disposal of all sources of radiation.
						Additional record requirements are specified elsewhere in these
						regulations.
Miss. Code Ann.
						§
												45-14-11
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 21 - Division of Radiological Health › Subpart 78 - Radiological Health › Chapter 1 - REGULATIONS FOR CONTROL OF RADIATION IN MISSISSIPPI › Subchapter 1 - General Provisions › Rule 15-21-78-1.1.5 - Inspections

Current through June 25, 2024
1. Each licensee and registrant shall afford
					 the Agency at all reasonable times opportunity to inspect sources of radiation
					 and the premises and facilities wherein such sources of radiation are used or
					 stored.
2. Each licensee and
					 registrant shall make available to the Agency for inspection, upon reasonable
					 notice, records maintained pursuant to these regulations.
Miss. Code Ann.
						§
												45-14-11
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 21 - Division of Radiological Health › Subpart 78 - Radiological Health › Chapter 1 - REGULATIONS FOR CONTROL OF RADIATION IN MISSISSIPPI › Subchapter 1 - General Provisions › Rule 15-21-78-1.1.6 - Tests

Current through June 25, 2024
Each licensee and registrant shall perform upon
						instructions from the Agency, or shall permit the Agency to perform, such
						reasonable tests as the Agency deems appropriate or necessary including, but
						not limited to, tests of:
1. sources
					 of radiation;
2. facilities wherein
					 sources of radiation are used or stored;
3. radiation detection and monitoring
					 instruments; and
4. other equipment
					 and devices used in connection with utilization or storage of licensed or
					 registered sources of radiation.
Miss. Code Ann.
						§
												45-14-11