Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 6 - Wastewater Pollution Control Regulations › Chapter 7 - Mississippi Commission on Environmental Quality Water Pollution Control Revolving Loan Fund Program Regulations › Rule 11-6-7.3 - Project Requirements

Current through June 25, 2024
All water pollution control projects funded by the WPCRLF
				  must comply with the following requirements. Non-point source pollution control
				  projects and estuary management projects must comply with these requirements to
				  the extent described in the loan application and loan agreement, as established
				  by the Department.
A. Facilities
				Planning.
(1) Preplanning Guidance and
				Conference. The Department will provide facilities planning guidance to the
				potential applicant and/or its engineer. The potential loan applicant and/or
				its engineer should attend a preplanning conference with the Department as
				early in the planning process as practical. During the conference the staff
				will provide information on the required facilities planning documents
				necessary to comply with these regulations. All facilities plans must be
				prepared by or under the responsible supervision of a professional engineer
				registered under Mississippi law.
(2) Contents of the Facilities Plan. The
				facilities plan must comply with the Department's guidance, including updates,
				Appendices A, B and J of these regulations and any other requirements of the
				Department pursuant to review of the facilities plan. The facilities plan must
				generally contain the following, as determined appropriate by the Department:
(a) A description of the existing water
				pollution control facilities, if any, owned by the applicant.
(b) A description of the existing and/or
				future water pollution problem or threat to be addressed by the proposed
				project.
(c) Documentation of
				sufficient flow monitoring and/or estimation to quantify wastewater,
				infiltration and inflow, applicable effluent limitations, and any other
				technical data necessary to provide the basis for preliminary engineering
				design of the project.
(d) A
				description of the proposed facilities, costs, location, and how the proposed
				facilities will address the existing and/or future water pollution problem or
				threat identified in the plan.
(e)
				A demonstration that minorities within the jurisdictional boundaries of the
				loan applicant will not be systematically excluded from the benefits of the
				proposed projects.
(f) A specific
				indication that each applicable intergovernmental review agency has been
				contacted regarding the proposed project, any adverse comments from the
				applicable intergovernmental review agencies, and an indication of all
				necessary permit applications and environmental survey clearances that will be
				required for the project. Intergovernmental review agencies are as follows:
(1) Mississippi Department of Archives and
				History (for archaeological/cultural resources review under the State
				Antiquities Law)
(2) Mississippi
				Department of Wildlife, Fisheries, and Parks-Natural Heritage Program (for
				vegetative/wildlife review under the Nongame and Endangered Species
				Conservation Act)
(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 Mississippi
				Coastal Program and applicable Mississippi law review)
(5) U.S. Forest Service (projects located in
				a federally designated Wild and Scenic River Basin only, for federal Wild and
				Scenic Rivers Act compliance)
(g) For projects defined under Section 212 of
				the Act, a comparative evaluation of the no-action alternative and the proposed
				alternative, which accounts for beneficial and adverse consequences that each
				alternative would have on existing and future environmental resources, as
				required by Appendix B.
(h) A
				financial capability summary using planning level cost estimates.
(i) For projects defined under Section 212 of
				the Act, (1) proof of publication of the notice to the public of the proposed
				project and for the opportunity to comment on alternatives and to examine
				environmental review documents, including the facilities plan and any comments,
				permits, or clearances from the intergovernmental review agencies, (2) a copy
				of any comments received from the public, and (3) a description of how all
				comments were addressed.
(j) For
				projects defined under Section 212 of the Act and determined by the Department
				to be controversial, (1) proof of publication of the public hearing notice
				published in a local newspaper of general circulation providing at least a 30
				day advance notice of a public hearing to be held by the loan applicant, (2) a
				copy of the transcript of the public hearing and (3) a description of how all
				comments were addressed.
(k)
				Calculations showing the necessary user charges for the project using planning
				level cost estimates.
(3) State Environmental Review Process. For
				projects defined under Section 212 of the Act, prior to approval of the
				facilities plan, the Department will complete the appropriate portions of the
				state environmental review process described in Appendix B of these
				regulations, based upon information provided in the facilities plan.
(4) Approval of Facilities Plan. The
				Department will approve the facilities plan after completing any applicable
				state environmental review process and after determining that all facilities
				planning requirements appear to be met.