reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 19 - Drinking Water Systems Improvements Revolving Loan Fund Program Regulations › Section 33-19-II - Goals of Mississippi's Drinking Water Systems Improvements Revolving Loan Fund (DWSIRLF) Program - EC Fund

Current through June 25, 2024
The EC Fund was created by the BIL to provide funding through
				the DWSIRLF Program for a five-year duration. The following are the Overall and
				Five-Year Goals for the EC Fund:
A.
Overall Goal:
Improve public health by providing funding and technical
				support to public water systems in Mississippi to DWSIRLF-eligible projects to
				address emerging contaminants in drinking water with a focus on PFAS. Emerging
				contaminants are defined as those listed on EPA's Contaminant Candidate Lists
				(CCL1- CCL5).
B.
Five-Year Goals
1. Identify
			 issues with PFAS constituents in drinking water in water systems serving a
			 population less than 3,300 through financial and technical support for water
			 system sampling of the same.
2.
			 Reduce the exposure of the public in Mississippi PFAS and other emerging
			 contaminants in drinking water through providing technical and financial
			 assistance to water systems.
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 19 - Drinking Water Systems Improvements Revolving Loan Fund Program Regulations › Section 33-19-III - Structure of the Mississippi DWSIRLF

Current through June 25, 2024
The Mississippi DWSIRLF BIL EC is structured around one fund.
				The portion of the fund designated for projects will consist of 100% principal
				forgiveness. The funds are broken down further into designated accounts, each
				having a specific function.
A.
DWSIRLF BIL EC Loan/Operations Fund
Monies in the Fund support a majority of the functions of the
				DWSIRLF EC. These functions include program administration, set-aside
				operations, and most importantly provide disbursements to public water systems
				for eligible projects. The DWSIRLF EC is a reimbursement program, meaning that
				after the loan is awarded, costs associated with planning, designing, and
				constructing the project are reimbursed to the recipient. Cap grants from EPA
				will be deposited into this Fund's account.
1. Types of Eligible Projects:
For a project to be eligible for funding under the BIL EC fund,
				projects must be:
1.) otherwise DWSRF
			 program eligible and
2.) the primary
			 purpose must be to address emerging contaminants in drinking water with a focus
			 on PFAS. Projects that address any contaminant listed on any of EPA's
			 Contaminant Candidate Lists (CCL1- CCL5) are eligible.
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 19 - Drinking Water Systems Improvements Revolving Loan Fund Program Regulations › Section 33-19-IV - Financial Status of the DWSIRLF

Current through June 25, 2024
This section outlines all sources of funding available to the
				DWSIRLF EC Program and indicates intended uses. This section also describes the
				financial assistance terms available through the Program.
A.
Source and Use of Funds
Using the FFY-2023 EPA BIL EC Capitalization Grant allotment
				for Mississippi of $9,568,000 to provide for both loans and set-aside
				activities.
The FFY-2023 "Set-aside" use for the BIL EC Cap grant are
				outlined in Section V of this IUP. Necessary work plans showing utilization of
				these funds are found in the appendices of this IUP.
B.
Financial Planning Process
In accordance with the Board's desire to maintain a financially
				sound DWSIRLF loan Fund in perpetuity, while at the same time meeting a
				substantial portion of the drinking water needs pertaining to projects that
				address emerging contaminants in drinking water in the state within a
				reasonable period of time, the following financial decisions were made
				regarding the Fund:
1. Application for
			 the Full Amount of the BIL EC Cap Grant
The Board intends that the MSDH apply for the full amount of
				the State EC Cap grant allotment under the federal DWSRF, including the
				set-asides described in Section V below. No State match is required for the
				FFY-2023 EC Cap grant.
2.
			 Interest Rate Determination
The EC Cap Grant project portion requires 100% principal
				forgiveness to loan recipients. There may be a small amount of interest accrued
				before principal forgiveness is applied. It is the Board's decision to offer 0%
				interest on DWSIRLF loans from the BIL EC fund.
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 19 - Drinking Water Systems Improvements Revolving Loan Fund Program Regulations › Section 33-19-VII - FFY-2023 BIL EC LISTS

Current through June 25, 2024
Fiscal Year - 2023 Mississippi
							 Drinking Water Systems Improvements Revolving Loan Fund Program
Priority List - BIL Emerging
							 Contaminants
Project
Project
							 Description
Zip Code
Priority Points
Service Area
							 Population
Loan Amount
							 Request
Statewide Cum. $
Category IX: Existing Facilities Upgrade
							 (Meeting Primary Standards)
Mooreville Richmond Water Association
Emerging Contaminants Treatment/ Distribution
38857
414
10788
$11,350,000
$11,350,000
City Point Water Association
Removal of Iron and Manganese
38862
141
2455
$4,143,630
$15,493,630
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 19 - Drinking Water Systems Improvements Revolving Loan Fund Program Regulations › Section 33-19-VIII - Expected Public Health Outcomes And Performance Measures

Current through June 25, 2024
The objective of this program is to disperse all available loan
				and grant funds in a timely manner to achieve the public health protection
				benefits resulting from the projects identified in the FFY-2023 EC IUP, and to
				ensure compliance with loan agreements, as required by state and federal laws
				and regulations.
By implementing the FFY-2023 EC IUP and funding projects shown
				on the FFY-2023 EC Priority List (Section VII), the Board will have the means
				to plan for and fund projects that will address the most serious public health
				risks facing the public water supply systems in the state. Funding of the
				system projects will be determined by the amount of funding to be received for
				FFY-2023 BIL EC Cap Grant.
The success of the DWSIRLF Program will be defined by the
				ability of the MSDH to successfully meet commitments in the FFY-2023 EC IUP and
				Set-Aside Work Plan.
Additionally, the majority of the projects as proposed should
				have minimal impact on the environment due to the nature of their design. Where
				necessary, appropriate environmental reviews will occur and proper permitting
				through the Mississippi Department of Environmental Quality will be required to
				ensure minimal impact on the environment.
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 19 - Drinking Water Systems Improvements Revolving Loan Fund Program Regulations › APPENDICES › Appendix 33-19-A - FUNDS REPORT

Current through June 25, 2024
DRINKING WATER SYSTEMS IMPROVEMENTS REVOLVING LOAN FUND
				  PROGRAM - EMERGING CONTAMINANTS FUNDS REPORT - JUNE 2023
FFY-2023 Funding (Federal and
								State)
National Title I DWSRF Appropriation -
								Mississippi's Allotment
+
$9,568,000
State Match Required (0% of Mississippi's
								Allotment)
+
$0
2023 Capitalization Grant for DWSRF w BIL
								Supplemental
=
$9,568,000
2023 Cap Grant Set-Asides
DWSRF Administration [SDWA Sec. 1452(g)(2) - the
								greater of: $400,000, 1/5 % of the fund's current valuation, or up to 4% of the
								award]
+
$233,906
Small Systems Technical Assistance [SDWA Sec.
								1452(g)(2) - 2%]
+
$191,360
Local Assistance and Other State Program [SDWA Sec.
								1452(k)(2) - 15%]
+
$1,435,200
State Program Management [SDWA Sec. 1452(g)(2)
								-10%]
+
$0
Total 2023 Cap Grant Set-Asides
=
$1,860,446
2023 Cap Grant Funds Available for Loan
								Obligation
DWSRF Capitalization & BIL Supplemental
								Grants
+
$9,568,000
Cap Grant Set-asides
-
($1,860,466)
Total Cap Grant Funds Available for Loan
								Obligation
=
$7,707,534
Funds Anticipated to be Available for Loan
								Awards
2023 Cap Grant Federal and State Funds Anticipated
								to be Available for Loan Obligation
+
$7,707,534
Unobligated Funds Carried Over
+
$0.00
Loan Increase Reserve
-
$0.00
Total Funds Anticipated to be Available for
								Loan Awards
=
$7,707,534
Funds Needed for Projects on the FFY-2023
								Priority List and FFY-2023 & After Planning List
Funds Needed for Projects on the Priority List
								& FFY-2023 and After Planning List
+
$15,493,630
Funds Anticipated to be Available for Loan
								Awards
-
($7,707,534)
Total Fund Need Remaining for Projects on the
								Priority List and After Planning List
=
$7,786,096
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 19 - Drinking Water Systems Improvements Revolving Loan Fund Program Regulations › APPENDICES › Appendix 33-19-B - PROJECTED SCHEDULE OF OUTLAYS FOR BIL EC CAPITALIZATION GRANT SET-ASIDES

Current through June 25, 2024
FFY 2024 BIL EC Cap Grant
Federal
								Set-Asides
FFY 2024 Q1
FFY 2024 Q2
FFY 2024 Q3
FFY 2024 Q4
Totals
Administration
$58,477
$58,477
$58,477
$58,477
$233,906
Small System Tech
								Assist
$47,840
$47,840
$47,840
$47,840
$191,360
Local Asst. & Other St.
								Programs
$358,800
$358,800
$358,800
$358,800
$1,435,200
Total:
$465,117
$465,117
$465,117
$465,117
$1,860,466
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 19 - Drinking Water Systems Improvements Revolving Loan Fund Program Regulations › APPENDICES › Appendix 33-19-C - PROJECTED PAYMENT (FEDERAL LETTER OF CREDIT) SCHEDULE (SCHEDULE OF INCREASES TO ACH CEILING)

Current through June 25, 2024
FFY-2023 Cap Grant No. 1 of 4
1st Quarter
								FFY-2024
$2,392,000
$2,392,000
FFY-2023 Cap Grant No. 2 of 4
2nd Quarter FFY-2024
$2,392,000
$4,784,000
FFY-2023 Cap Grant No. 3 of 4
3rd Quarter FFY-2024
$2,392,000
$7,176,000
FFY-2023 Cap Grant No. 4 of 4
4th Quarter FFY-2024
$2,392,000
$9,568,000
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 19 - Drinking Water Systems Improvements Revolving Loan Fund Program Regulations › APPENDICES › Appendix 33-19-D - PROJECTED SCHEDULE OF DRAWDOWNS AGAINST FEDERAL LETTER OF CREDIT (ACH DRAW SCHEDULE)

Current through June 25, 2024
FFY-2024
Outlay
								Quarter
Federal Outlay
								Amount
Cumulative Outlay
								Amount
1st
								Quarter
$2,392,000
$2,392,000
2nd Quarter
$2,392,000
$4,784,000
3rd Quarter
$2,392,000
$7,176,000
4th Quarter
$2,392,000
$9,568,000
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 201 - Authority and Procedures › Chapter 1 - Organization of the District › Rule 33-201-1.1 - Board of Directors

Current through June 25, 2024
The Pearl River Valley Water Supply District is an agency of
				  the State of Mississippi created pursuant to the Pearl River Valley Water
				  Supply District Law, Title 51, Chapter 59 of the Mississippi Code of 1972, as
				  amended. The District is composed of five counties: Hinds, Leake, Madison,
				  Rankin and Scott. The District is governed by a fourteen member Board of
				  Directors. The Governor of the State of Mississippi appoints five directors.
				  The Board of Supervisors of each of the five counties appoints one director
				  each. The Mississippi Commission on Environmental Quality, the Mississippi
				  Commission on Wildlife, Fisheries and Parks, the Forestry Commission and the
				  State Board of Health each appoint one director to the District's Board. The
				  Board of Directors employs a General Manager who is in charge of the routine
				  operation of the business of the District.
Pursuant to The Pearl River Valley Water Supply District
				  Reservoir Patrol Officer Law, the District employs patrol officers who may
				  exercise the same powers of arrest and the right to bear firearms that may be
				  exercised by any state, municipal or other police officer in this state with
				  respect to violations of law or regulations committed on property owned by the
				  District.
The District is also authorized by the Metropolitan Area
				  Water Supply Act to construct, maintain and operate a water treatment plant and
				  regional water distribution system.
Miss. Code Ann. §
										51-9-127
				  (Rev. 2000)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 201 - Authority and Procedures › Chapter 1 - Organization of the District › Rule 33-201-1.2 - Methods of Operations

Current through June 25, 2024
All policy and rulemaking authority is vested in the Board
				  of Directors. The Board delegates the routine operations and personnel
				  supervision to the General Manager. The General Manager operates within the
				  following operating divisions:
(a)
				Agency Head.
(b)
				Engineering.
(c) Construction &
				Maintenance.
(d) Water & Sewer
				Operations.
(e) Finance &
				Personnel.
(f) Parks &
				Recreation.
(g) Parks & Public
				Facilities Maintenance.
(h)
				Campgrounds & Recreational Facilities.
(i) Reservoir Patrol.
Miss. Code Ann. §
										51-9-127
				  (Rev. 2000)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 201 - Authority and Procedures › Chapter 1 - Organization of the District › Rule 33-201-1.3 - Responsibilities

Current through June 25, 2024
The District was established for the accomplishment of the
				  following general purposes as stated in the following Legislative determination
				  and declaration of policy: "It is hereby declared, as a matter of legislative
				  determination, that the waterways and surface waters of the state are among its
				  basic resources, that the overflow and surface waters of the state have not
				  heretofore been conserved to realize their full beneficial use, that the
				  preservation, conservation, storage, and control of such waters are necessary
				  to insure an adequate, sanitary water supply at all times, to promote the
				  balanced economic development of the state, and to aid in flood control,
				  conservation and development of state forests, irrigation of lands needing
				  irrigation, and pollution abatement. It is further determined and declared that
				  the preservation, conservation, storage, and control of the waters of the Pearl
				  River and its tributaries and its overflow waters for domestic, municipal,
				  commercial, industrial, agricultural, and manufacturing purposes, for
				  recreational uses, for flood control, timber development, irrigation, and
				  pollution abatement are, as a matter of public policy, for the general welfare
				  of the entire people of the state. The creation of the Pearl River Valley Water
				  Supply District is determined to be necessary and essential to the
				  accomplishment of the aforesaid purposes."
Miss. Code Ann. §
										51-9-127
				  (Rev. 2000)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 201 - Authority and Procedures › Chapter 1 - Organization of the District › Rule 33-201-1-17.4 - Rental License

Current through June 25, 2024
(a)
Rental License Required
. It shall be unlawful for any
				person to lease, operate, manage, or maintain a Single-Household or
				Multiple-Household Dwelling located within the Reservoir Project Area, which
				such Dwelling contains one (1) or more Rental Units, without a current and
				valid Rental License having been issued for such Dwelling. Any Person leasing,
				operating, managing, or maintaining one or more than one (1) such Dwelling
				shall obtain a Rental License for each separate location.
(b)
Application
. A
				written application for a Rental License, signed by the Owner or his/her agent,
				shall be filed with the District Building Official, upon a form provided by the
				District Building Official for such purpose. The following information shall be
				required in the application:
(i) The street
				address of the Dwelling.
(ii) The
				name, physical and mailing address and telephone number and, if available,
				telefax number, and email address of each Owner within the Same
				Ownership.
(iii) The name, address
				and telephone number, and, if available, telefax number and email address of an
				agent who is designated to receive notices and service of process and is
				authorized to grant consent for the District Building Inspector to inspect the
				Premises, Dwelling, Dwelling Units and Rental Units.
(iv) A license fee of one hundred dollars ($
				100) per Dwelling Unit.
(v) The
				number and type (by bedroom) of Dwelling Units.
(vi) If the written application is signed by
				an agent on behalf of the Owner, written authorization must be provided
				documenting the agent's authority.
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 201 - Authority and Procedures › Chapter 1 - Organization of the District › Rule 33-201-1-17.5 - Compliance Standards

Current through June 25, 2024
Obligation to comply
. The Owner of a
				  Rental Unit in a Single-Household or Multiple-Household Dwelling located in the
				  District shall be responsible for complying with each of the following:
(g) The provisions of RPRO.
(h) All regulations of the District however
				titled or designated.
(i) Building
				codes of the District in effect at the time building permits were issued for
				such Dwelling, including the building, electrical, plumbing, and mechanical
				codes, subject to adoption of retroactive regulations by the
				District.
(j) State and federal
				housing laws and administrative regulations.
(k) Judicial and administrative decrees
				enforcing any of the provisions of RPRO or other regulations of the District;
				and/or state and federal housing laws and administrative regulations.
Miss. Code Ann. §
										51-9-127
				  (Rev. 2000)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 201 - Authority and Procedures › Chapter 1 - Organization of the District › Rule 33-201-1-17.6 - Inspection and Certification

Current through June 25, 2024
(l)
Certificate of Compliance required
. It shall be
				unlawful for any Person to lease, operate, manage, or maintain a Rental Unit in
				a Single-Household or Multiple-Household Dwelling located within the Reservoir
				Project Area without a current and valid Certificate of Compliance having been
				issued for such Rental Unit. Any person leasing, operating, managing, or
				maintaining more than one (1) such Rental Unit shall obtain a Certificate of
				Compliance for each separate Rental Unit.
(m)
Owner consent to
				inspection
. The Owner, as a condition to the issuance of the
				Rental License, shall consent and agree to permit and allow the District
				Building Official to make the following inspections of the Premises, Dwelling,
				Dwelling Units, and Rental Units when and as needed to ensure compliance with
				the provisions of RPRO:
(i) Access to inspect
				all portions of the Premises and Dwelling, including common areas, storage
				areas, community buildings, equipment rooms, parking areas, and all other
				portion facilities.
(ii) Access to
				inspect all unoccupied Dwelling Units.
(iii) Access to inspect any Rental Unit when
				a complaint is filed by a Tenant of such Rental Unit or any District department
				to the effect that such Rental Unit may be existing in violation of any
				provision of RPRO.
(iv) Access to
				inspect any Rental Unit upon termination of a lease or rental agreement,
				reletting of such Rental Unit, or transfer of title to the Dwelling or any part
				of the Dwelling containing such Rental Unit.
(v) A one hundred dollar ($100.00) fee shall
				be paid for inspection and one follow-up inspection. A Fifty Dollar ($50.00)
				fee shall be paid for any unrepaired items causing a reinspection.
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 201 - Authority and Procedures › Chapter 2 - Public Information and Requests › Rule 33-201-2.1 - Contacting the Pearl River Valley Water Supply District's Office

Current through June 25, 2024
The Pearl River Valley Water Supply District's Office may be
				  contacted in person, by U.S. Mail, Courier mail, email, telephone, facsimile
				  and e-mail. The Pearl River Valley Water Supply District also maintains and
				  provides a Website on the Internet at
www.therez.ms
.
(a) Location of the Pearl River Valley Water
				Supply District's Office. The Pearl River Valley Water Supply District
				maintains its office at 115 Madison Landing Circle, Ridgeland, Mississippi
				39157.
(b) The mailing addresses
				for the Pearl River Valley Water Supply District is Post Office Box 2180,
				Ridgeland, Mississippi 39158.
(c)
				Courier Mail should be delivered to the office street address listed
				above.
(d) The Pearl River Valley
				Water Supply District's Office may be contacted by telephone at 601-856-6574
				and by fax at 601-856-2585.
(e) The
				primary E-mail address for the Pearl River Valley Water Supply District's
				Office may be accessed from the Website.
Miss. Code Ann. §
										51-9-127
				  (Rev. 2000)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 201 - Authority and Procedures › Chapter 2 - Public Information and Requests › Rule 33-201-2.2 - Requesting Information

Current through June 25, 2024
(a) The District
				strives to serve the public by making information regarding recreational,
				hunting, fishing and camping opportunities readily available. Printed
				information may be obtained from the District's office. There may be a charge,
				depending on the nature of the information. The public is also encouraged to
				visit the District's Website.
(b)
				With regard to public records, it is the policy of the District to provide for
				inspection and copying of its identifiable public records by all people of the
				State of Mississippi who request such inspection or copying, consistent with
				the provisions of the Mississippi Public Records Act, §
									25-61-1
				through §
									25-61-17,
				Mississippi Code of 1972, as amended ("Public Records Act"), and other
				applicable laws and judicial decisions. The procedure for a public records
				request is set forth in Part 210 of these Regulations.
Miss. Code Ann. §
										51-9-127
				  (Rev. 2000)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 201 - Authority and Procedures › Chapter 3 - Rulemaking Oral Proceedings › Rule 33-201-3.1 - Procedures For Requesting an Oral Proceeding

Current through June 25, 2024
Where an oral proceeding has not previously been held or
				  scheduled, the District will conduct an oral proceeding on a proposed rule or
				  amendment if requested by a political subdivision, an agency or ten (10)
				  persons in writing within twenty (20) days after the filing of the notice of
				  the proposed rule.
(a) Each request
				must be printed or typewritten, or must be in legible handwriting. Each request
				must be submitted on standard business letter size paper (8-112 inches by 11
				inches).
(b) The request may be the
				form of a letter addressed to the District or as a pleading filed with a court.
				The request should be mailed to the attention of the General Manager.
(c) Each request must include the full name,
				telephone number, and mailing address of the requestor(s).
(d) All requests shall be signed by the
				person filing the request, unless represented by an attorney, in which case the
				attorney may sign the request.
Miss. Code Ann. §
										51-9-127
				  (Rev. 2000)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 201 - Authority and Procedures › Chapter 3 - Rulemaking Oral Proceedings › Rule 33-201-3.2 - Scheduling an Oral Proceeding

Current through June 25, 2024
The date, time and place of all oral proceedings shall be
				  filed with the Secretary of State's office and mailed to each requestor. The
				  oral proceedings will be scheduled no earlier than twenty (20) days from the
				  filing of this information with the Secretary of State.
Miss. Code Ann. §
										51-9-127
				  (Rev. 2000)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 201 - Authority and Procedures › Chapter 3 - Rulemaking Oral Proceedings › Rule 33-201-3.3 - Presiding at Oral Proceeding

Current through June 25, 2024
The General Manager or designee, who is familiar with the
				  substance of the proposed rule, shall preside at the oral proceeding on a
				  proposed rule.
Miss. Code Ann. §
										51-9-127
				  (Rev. 2000)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 201 - Authority and Procedures › Chapter 3 - Rulemaking Oral Proceedings › Rule 33-201-3.4 - Participation at Oral Proceeding

Current through June 25, 2024
Public participation shall be permitted at oral proceedings
				  in accordance with the following sections.
(a) At an oral proceeding on a proposed rule,
				persons may make oral statements and make documentary and physical submissions,
				which may include data, views, comments or arguments concerning the proposed
				rule.
(b) Persons wishing to make
				oral presentations at such a proceeding shall notify the District at least ten
				(10) business days prior to the proceeding and indicate the general subject of
				their presentations. The presiding officer in his or her discretion may allow
				individuals to participate who have not previously contacted the
				District.
(c) At the proceeding,
				those who participate shall indicate their names and addresses, identify any
				persons or organizations they may represent, and provide any other information
				relating to their participation deemed appropriate by the presiding officer.
				Each group or organization should nominate only one person to make the
				presentation unless the presiding officer determines that the group or
				organization cannot reasonably be represented by a single
				spokesperson.
(d) The presiding
				officer shall place time limitations on individual oral presentations to assure
				the orderly and expeditious conduct of the oral proceeding. To encourage joint
				oral presentations and to avoid repetition, additional time may be provided for
				persons whose presentations represent the views of other individuals as well as
				their own views.
(e) Persons making
				oral presentations are encouraged to avoid restating matters that have already
				been submitted in writing. Written materials may, however, may be submitted at
				the oral proceeding.
(f) There
				shall be no interruption of a participant who has been given the floor by the
				presiding officer, except that the presiding officer may in his or her
				discretion interrupt or end the partisan's time where the orderly conduct of
				the proceeding so requires or when the allotted time has expired.
Miss. Code Ann. §
										51-9-127
				  (Rev. 2000)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 201 - Authority and Procedures › Chapter 3 - Rulemaking Oral Proceedings › Rule 33-201-3.5 - Conducting Oral Proceeding

Current through June 25, 2024
The presiding officer shall have authority to conduct the
				  proceeding in his or her discretion for the orderly conduct of the proceeding.
				  The presiding officer shall (i) call proceeding to order; (ii) give a brief
				  synopsis of the proposed rule, a statement of the statutory authority for the
				  proposed rule, and the reasons provided by the District for the proposed rule;
				  (ii) call on those individuals who have contacted the District about speaking
				  on or against the proposed rule; (iii) allow for rebuttal statements following
				  all participant's comments; (iv) adjourn the proceeding.
Miss. Code Ann. §
										51-9-127
				  (Rev. 2000)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 201 - Authority and Procedures › Chapter 3 - Rulemaking Oral Proceedings › Rule 33-201-3.6 - General Discussion

Current through June 25, 2024
The presiding officer where time permits and to facilitate
				  the exchange of information, may open the floor to questions or general
				  discussion. The presiding officer may question participants and permit the
				  questioning of participants by other participants about any matter relating to
				  that rulemaking proceeding, including any prior written submissions made by
				  those participants in that proceeding; but no participant shall be required to
				  answer any question.
Miss. Code Ann. §
										51-9-127
				  (Rev. 2000)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 201 - Authority and Procedures › Chapter 3 - Rulemaking Oral Proceedings › Rule 33-201-3.7 - Record of Submissions

Current through June 25, 2024
Submissions presented by participants in an oral proceeding
				  shall be submitted to the presiding officer. Such submissions become the
				  property of the District, become part of the rulemaking record, and are subject
				  to the District's public records request procedure.
Miss. Code Ann. §
										51-9-127
				  (Rev. 2000)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 201 - Authority and Procedures › Chapter 3 - Rulemaking Oral Proceedings › Rule 33-201-3.8 - Recording of Oral Proceeding

Current through June 25, 2024
The District may record oral proceedings by stenographic or
				  electronic means.
Miss. Code Ann. §
										51-9-127
				  (Rev. 2000)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 201 - Authority and Procedures › Chapter 4 - Requests for Declaratory Opinions › Rule 33-201-4.1 - Who May Request a Declaratory Opinion

Current through June 25, 2024
Any person with a substantial interest in the subject matter
				  may request the District for a declaratory opinion by following the specified
				  procedures.
(a) "Substantial interest
				in the subject matter" as used in this chapter means: that a party is directly
				affected by the District's administration of the laws within the District's
				primary jurisdiction.
(b) "Primary
				jurisdiction of the District" as used in this chapter means the District has a
				constitutional or statutory grant of authority in the subject matter at
				issue.
Miss. Code Ann. §
										51-9-127
				  (Rev. 2000)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 201 - Authority and Procedures › Chapter 4 - Requests for Declaratory Opinions › Rule 33-201-4.2 - Issuance of a Declaratory Opinion

Current through June 25, 2024
The District will issue declaratory opinions regarding the
				  applicability to specified facts of:
(a) a statute administered or enforceable by
				the District,
(b) a rule
				promulgated by the District, or
(c)
				an order issued by the District.
Miss. Code Ann. §
										51-9-127
				  (Rev. 2000)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 201 - Authority and Procedures › Chapter 4 - Requests for Declaratory Opinions › Rule 33-201-4.3 - Reasons For Refusal of Declaratory Opinion Request

Current through June 25, 2024
The District may, for good cause, refuse to issue a
				  declaratory opinion. Without limiting the generality of the foregoing, the
				  circumstances in which declaratory opinions will not be issued include, but are
				  not necessarily limited to:
(a) the
				matter is outside the primary jurisdiction of the District;
(b) lack of clarity concerning the question
				presented;
(c) there is pending or
				anticipated litigation, administrative action, or other adjudication which may
				either answer the question presented by the request or otherwise make an answer
				unnecessary;
(d) the statute, rule,
				or order on which a declaratory opinion is sought is clear and not in need of
				interpretation to answer the question presented by the request;
(e) the facts presented in the request are
				not sufficient to answer the question presented;
(f) the request fails to contain information
				required by these rules or the requestor failed to follow the procedure set
				forth in these rules;
(g) the
				request seeks to resolve issues which have become moot, or are abstract or
				hypothetical such that the requestor is not substantially affected by the rule
				statue or order on which a declaratory opinion is sought;
(h) no controversy exists concerning the
				issue as the requestor is not faced with existing facts or those certain to
				arise which raise a question concerning the application of the statute, rule,
				or order;
(i) the question
				presented by the request concerns the legal validity of a statute, rule or
				order;
(j) the request is not based
				upon facts calculated to aid in the planning of future conduct, but is,
				instead, based on past conduct in an effort to establish the effect of that
				conduct;
(k) no clear answer is
				determinable;
(l) the question
				presented by the request involves the application of a criminal statute or sets
				for facts which may constitute a crime;
(m) the answer to the question presented
				would require the disclosure of information which is privileged or otherwise
				protected by law from disclosure;
(n) the question is currently the subject of
				an Attorney General's opinion request; or,
(o) the question has been answered by an
				Attorney General's opinion.
Miss. Code Ann. §
										51-9-127
				  (Rev. 2000)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 201 - Authority and Procedures › Chapter 4 - Requests for Declaratory Opinions › Rule 33-201-4.4 - Similar Pending Request

Current through June 25, 2024
A declaratory opinion will not be issued where a similar
				  request is pending before this agency, or any other agency or a proceeding is
				  pending on the same subject matter before any agency, administrative or
				  judicial tribunal, or where such an opinion would constitute the unauthorized
				  practice of law.
Miss. Code Ann. §
										51-9-127
				  (Rev. 2000)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 201 - Authority and Procedures › Chapter 4 - Requests for Declaratory Opinions › Rule 33-201-4.5 - Litigation

Current through June 25, 2024
A declaratory opinion will not be issued if it may adversely
				  affect the interests of the State, the District, or any of their officers or
				  employees in any litigation which is pending or may reasonably be expected to
				  arise.
Miss. Code Ann. §
										51-9-127
				  (Rev. 2000)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 201 - Authority and Procedures › Chapter 4 - Requests for Declaratory Opinions › Rule 33-201-4.6 - Question of Law

Current through June 25, 2024
Where a request for a declaratory opinion involves a
				  question of law, the District may refer the matter to the State Attorney
				  General.
Miss. Code Ann. §
										51-9-127
				  (Rev. 2000)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 201 - Authority and Procedures › Chapter 4 - Requests for Declaratory Opinions › Rule 33-201-4.7 - Preemptive Determination

Current through June 25, 2024
A declaratory opinion will not be issued where the question
				  involves eligibility for a license, permit, certificate or other approval by
				  the District or some other agency, and there is a statutory or regulatory
				  application process by which eligibility for said license, permit, or
				  certificate or other approval may be determined.
Miss. Code Ann. §
										51-9-127
				  (Rev. 2000)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 201 - Authority and Procedures › Chapter 5 - Written Requests Required › Rule 33-201-5.1 - Written Request

Current through June 25, 2024
Each request must be printed, typewritten or in legible
				  handwriting. Each request must be submitted on standard business letter size
				  paper (8 1/2" by 11"). Requests may be in the form of a letter addressed to the
				  District or in the form of a pleading as might be addressed to a court.
				  Information should be sent to the attention of the General
				  Manager.
Miss. Code Ann. §
										51-9-127
				  (Rev. 2000)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 201 - Authority and Procedures › Chapter 5 - Written Requests Required › Rule 33-201-5.2 - Mailing of Request

Current through June 25, 2024
All requests must be mailed or delivered to the District.
				  The request and its envelope shall clearly state that it is a request for a
				  declaratory opinion. Oral and telephone requests are
				  unacceptable.
Miss. Code Ann. §
										51-9-127
				  (Rev. 2000)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 201 - Authority and Procedures › Chapter 5 - Written Requests Required › Rule 33-201-5.3 - Certification of Request

Current through June 25, 2024
Each request must include the full name, telephone number,
				  and mailing address of the requestor. All requests shall be signed by the
				  person filing the request, unless represented by an attorney, in which case the
				  attorney may sign the request. The signing party shall attest that the request
				  complies with the requirements set forth in these rules, including but not
				  limited to a full, complete, and accurate statement of relevant facts and that
				  there are no related proceedings pending before any agency, administrative or
				  judicial tribunal.
Miss. Code Ann. §
										51-9-127
				  (Rev. 2000)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 201 - Authority and Procedures › Chapter 5 - Written Requests Required › Rule 33-201-5.4 - Limit of Request

Current through June 25, 2024
A request must be limited to a single transaction or
				  occurrence.
Miss. Code Ann. §
										51-9-127
				  (Rev. 2000)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 201 - Authority and Procedures › Chapter 5 - Written Requests Required › Rule 33-201-5.5 - Requirements of Request

Current through June 25, 2024
Each request must contain the following:
(a) a clear identification of the statute or
				rule at issue;
(b) the question for
				the declaratory opinion;
(c) a
				clear and concise statement of all facts relevant to the question
				presented;
(d) the identify of all
				other known persons involved in or impacted by the factual situation causing
				the request including their relationship to the facts, name, mailing address
				and telephone number; and,
(e) a
				statement sufficient to show that the person seeking relief has a substantial
				interest in the subject matter.
Miss. Code Ann. §
										51-9-127
				  (Rev. 2000)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 201 - Authority and Procedures › Chapter 5 - Written Requests Required › Rule 33-201-5.6 - Form and Content of Opinion

Current through June 25, 2024
The terms of the proposed opinion suggested by the requestor
				  may be submitted with the request but the form and content of the opinion
				  remains within the discretion of the District.
Miss. Code Ann. §
										51-9-127
				  (Rev. 2000)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 201 - Authority and Procedures › Chapter 5 - Written Requests Required › Rule 33-201-5.7 - Argument

Current through June 25, 2024
A request may contain an argument by the requestor in
				  support of the terms of the proposed opinion suggested by the requestor. The
				  argument may be submitted in the form of a memorandum of authorities,
				  containing a full discussion of the reasons and any legal authorities, in
				  support of such position of the requestor. The District may request that the
				  argument and memorandum of authorities be submitted by any interested
				  party.
Miss. Code Ann. §
										51-9-127
				  (Rev. 2000)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 201 - Authority and Procedures › Chapter 5 - Written Requests Required › Rule 33-201-5.8 - District's Actions

Current through June 25, 2024
Within forty-five (45) days after the receipt of a complete
				  request for a declaratory opinion which complies with the requirements of these
				  rules, the District shall, in writing:
(a) issue an opinion declaring the
				applicability of the specified statute, rule, or order to the specified
				circumstances;
(b) agree to issue a
				declaratory opinion or a written statement by a specified time but no later
				than ninety (90) days after receipt of the written request; or,
(c) decline to issue a declaratory opinion,
				stating the reasons for its action.
Miss. Code Ann. §
										51-9-127
				  (Rev. 2000)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 201 - Authority and Procedures › Chapter 5 - Written Requests Required › Rule 33-201-5.9 - 45-Day Period

Current through June 25, 2024
The forty-five (45) day period shall begin on the first
				  State of Mississippi business day that the request is received by the
				  District.
Miss. Code Ann. §
										51-9-127
				  (Rev. 2000)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 201 - Authority and Procedures › Chapter 5 - Written Requests Required › Rule 33-201-5.10 - 60-Day Holding Period

Current through June 25, 2024
A declaratory opinion shall not become final until the
				  expiration of sixty (60) days after the issuance of the opinion. Prior to the
				  expiration of sixty (60) days, the District may, in its discretion, withdraw or
				  amend the declaratory opinion for any reason which is not arbitrary or
				  capricious. Reasons for withdrawing or amending an opinion include, but are not
				  limited to, a determination that the request failed to meet the requirements of
				  these rules or that the opinion issued contains or was based on a legal or
				  factual error.
Miss. Code Ann. §
										51-9-127
				  (Rev. 2000)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 201 - Authority and Procedures › Chapter 5 - Written Requests Required › Rule 33-201-5.11 - Notice to Third Parties

Current through June 25, 2024
The District may give notice to any person that a
				  declaratory opinion has been requested and may receive and consider data,
				  facts, arguments and opinions from persons other than the
				  requestor.
Miss. Code Ann. §
										51-9-127
				  (Rev. 2000)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 201 - Authority and Procedures › Chapter 5 - Written Requests Required › Rule 33-201-5.12 - Schedule of Interested Persons

Current through June 25, 2024
The requestor, or his attorney, shall append to the request
				  for a declaratory opinion a listing of all persons, with addresses, known to
				  the requestor who may have an interest in the declaratory opinion sought to be
				  issued, and shall mail a copy of the request to all such persons. The requestor
				  or his attorney shall certify that a copy of the request was mailed to all such
				  persons together with this statement: "Should you wish to participate in the
				  proceedings of this request, or receive notice of such proceedings or the
				  declaratory opinion issued as a result of this request, you should contact the
				  District within twenty days of the date of this request."
Miss. Code Ann. §
										51-9-127
				  (Rev. 2000)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 201 - Authority and Procedures › Chapter 6 - Hearings Optional › Rule 33-201-6.1 - Scheduling a Hearing

Current through June 25, 2024
If the District in its sole discretion deems a hearing
				  necessary or helpful in determining any issue concerning a request for a
				  declaratory opinion, the District may schedule such a hearing. Notice of the
				  hearing shall be given to all interested parties unless waived. Notice mailed
				  by first class mail 7 calendar days prior to the hearing shall be deemed
				  appropriate.
Miss. Code Ann. §
										51-9-127
				  (Rev. 2000)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 201 - Authority and Procedures › Chapter 6 - Hearings Optional › Rule 33-201-6.2 - Procedure for Conducting a Hearing

Current through June 25, 2024
Procedure for conducting a hearing, including but not
				  limited to the manner of presentation, the time for presentation, and whether
				  and how evidence may be taken, shall be within the discretion of the
				  District.
Miss. Code Ann. §
										51-9-127
				  (Rev. 2000)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 201 - Authority and Procedures › Chapter 6 - Hearings Optional › Rule 33-201-6.3 - Participation in a Hearing

Current through June 25, 2024
The District shall allow the requestor to participate in any
				  hearing. The District may allow any other persons or entities to participate in
				  the hearing in its discretion. Submission of a request for a declaratory
				  opinion or for a hearing does not automatically entitle the requestor to a
				  hearing.
Miss. Code Ann. §
										51-9-127
				  (Rev. 2000)