reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 6 - Wastewater Pollution Control Regulations › Chapter 5 - Mississippi Commission on Environmental Quality Water Pollution Control Emergency Loan Fund Program Regulations › Appendix 11-6-5-B - Procurement Requirements for WPCELF Loan Recipients

Current through June 25, 2024
In the procurement of all repairs, construction, equipment,
				  materials, supplies, professional services and non-professional services and
				  all other costs related to the WPCELF project, all loan recipients must comply
				  with state purchasing laws. All allowable contracts must conform to the
				  definition of a contract in these regulations.
The procurement and conduct of all professional engineering
				  and land surveying services must also be in accordance with the Code of Conduct
				  and other guidance and interpretations established by the Mississippi State
				  Board of Registration for Professional Engineers and Land Surveyors.
The procurement of all construction contracts must also be in
				  accordance with the rules and regulations of the State Board of Contractors and
				  other guidance and interpretations established by the Mississippi State Board
				  of Contractors.
All loan recipients must submit a procurement certification,
				  as required by the Department, indicating that all of the above referenced
				  requirements have been met. Should it be determined that any of the above
				  procurement requirements are violated, the Department may determine that the
				  related costs are unallowable and may require repayment of all WPCELF Loan
				  funds paid for such costs, in accordance with Rule 5.3.E.(6) of these
				  regulations.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 6 - Wastewater Pollution Control Regulations › Chapter 5 - Mississippi Commission on Environmental Quality Water Pollution Control Emergency Loan Fund Program Regulations › Appendix 11-6-5-C - Debarment and Suspension

Current through June 25, 2024
Loan recipients are prohibited from entering into contractual
				  agreements with individuals, businesses, organizations, or any other entities
				  that have been debarred or suspended by the U.S. Environmental Protection
				  Agency, any other federal agency, state agency or by the Department. Entities
				  debarred or suspended by the federal agencies are identified in the General
				  Services Administration (GSA) publication entitled "List of Parties Excluded
				  from Federal Procurement or Nonprocurement Program."
Loan recipients are responsible for ensuring that prime
				  contractors utilized on the project are not on the federal or state debarment
				  lists. Likewise, prime contractors are responsible for ensuring that
				  subcontractors utilized on the project are not on the federal or state
				  debarment lists.
Anyone may contact the Department 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 Department reasonably believes that a
				  cause for debarment exists, the Department may propose debarment or suspension
				  and may initiate procedures similar to, but not necessarily identical to,
				  federal regulation 40 CFR Part 32: Debarment and Suspension Under EPA
				  Assistance Programs.
Such above described debarment or suspension actions will not
				  affect existing executed contractual agreements, unless such agreements have
				  been terminated or suspended under the terms of the agreement by the loan
				  recipient.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 6 - Wastewater Pollution Control Regulations › Chapter 5 - Mississippi Commission on Environmental Quality Water Pollution Control Emergency Loan Fund Program Regulations › Appendix 11-6-5-D - WPCELF Disputes Procedures

Current through June 25, 2024
Only WPCELF loan recipients may submit a notice of dispute
				  (disagreement) with a decision made by the Department. The following procedures
				  will be used to resolve disputes between the loan recipient and the
				  Department.
(1) The loan recipient must
				submit a written notice of dispute with a Department decision, including a
				summary of the dispute and reasons for why the loan recipient believes the
				Department decision should be reversed.
(2) The Department staff will then render a
				written decision on the dispute and will include reasons for the
				decision.
(3) Should the loan
				recipient desire to appeal the Department staff decision, a request for an
				informal hearing must be received by the Department within 30 days after the
				date of the Department staff decision. Upon receipt of such a request, an
				informal hearing will be held with staff members, as designated by the Head of
				the Office of Pollution Control, and the affected parties. The Office Head, or
				his designee, will render a decision on the appeal as a result of the informal
				hearing.
(4) Should the loan
				recipient desire to appeal the above informal hearing decision, a request for a
				formal hearing before the Commission on Environmental Quality must be received
				by the Department within 30 days after the date of such decision. Upon receipt
				of such a request, the Commission will hold a formal hearing to consider the
				matter and will render a decision.
(5) Appeals of the above formal hearing
				decision may be made to the Chancery Court in accordance with state
				law.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 6 - Wastewater Pollution Control Regulations › Chapter 5 - Mississippi Commission on Environmental Quality Water Pollution Control Emergency Loan Fund Program Regulations › Appendix 11-6-5-E - Waste, Fraud and Abuse

Current through June 25, 2024
It is the loan recipient's responsibility for preventing,
				  detecting, and prosecuting waste, fraud, abuse, and all other corrupt practices
				  which may occur in relation to the WPCELF loan project.
If the loan recipient becomes aware of allegations, evidence,
				  or the appearance of corrupt practices, the loan recipient must:
(1) Immediately inform the Department in
				writing.
(2) Promptly pursue
				available state and local legal, administrative, and contractual remedies.
The Department may disallow costs under the WPCELF loan
				  agreement where it is determined that such costs are related to waste, fraud,
				  abuse, or other corrupt practices. The Department may also require repayment of
				  WPCELF loan funds paid for such costs in accordance with Rule 5.3.E.(6) of
				  these regulations.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 6 - Wastewater Pollution Control Regulations › Chapter 5 - Mississippi Commission on Environmental Quality Water Pollution Control Emergency Loan Fund Program Regulations › Appendix 11-6-5-F - WPCELF Loan Recipient Accounting and Auditing Requirements

Current through June 25, 2024
All WPCELF loan recipients must maintain project accounts in
				  accordance with generally accepted government accounting standards, as defined
				  by the Guidelines of the Municipal Accounting and Audit Manual, as prescribed
				  by the State Auditor's Office. Charges to the project account must be properly
				  supported, related to allowable construction costs, and documented by
				  appropriate records. These project accounts must be maintained as separate
				  accounts.
The Department and its representatives shall have access to
				  and the right to audit, inspect, copy and examine all books, financial records
				  and other documents relating directly to the receipt and disbursement of WPCELF
				  funds. Failure to cooperate with the Department regarding access to project
				  records or refusal to provide such records when requested by the Department may
				  be considered justification for debarment of the Loan Recipient and/or its
				  Contractor, Engineer, attorney, or other person or company providing any
				  services in conjunction with the project.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 6 - Wastewater Pollution Control Regulations › Chapter 5 - Mississippi Commission on Environmental Quality Water Pollution Control Emergency Loan Fund Program Regulations › Appendix 11-6-5-G - Intergovernmental Review Process

Current through June 25, 2024
The Intergovernmental Review (IGR) 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 wetlands, floodplain
				impact and Section 10 - navigable waterway review);
(4) Mississippi Department of Marine
				Resources (Jackson, Harrison, and Hancock County projects only; for shellfish
				and Mississippi Coastal Program 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)
It is the loan applicant's/recipient's responsibility to take
				  all actions necessary to satisfy the IGR agencies and obtain their concurrence
				  in the project prior to awarding contracts for construction of the project. An
				  intergovernmental review certification must be submitted as part of the WPCELF
				  loan application package.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 6 - Wastewater Pollution Control Regulations › Chapter 5 - Mississippi Commission on Environmental Quality Water Pollution Control Emergency Loan Fund Program Regulations › Appendix 11-6-5-H - WPCELF Procurement Protest Procedures

Current through June 25, 2024
This Appendix sets forth the process for the resolution of
				  procurement protests filed with the loan recipient by an adversely affected
				  party. The Loan Recipient's protest procedures must include the requirements of
				  this Appendix.
(1) Prior to
				advertisement for bids or proposals, the loan recipient must establish its own
				procedures for prompt consideration of initial protests concerning
				solicitations or contract awards. A "protest" is a written complaint concerning
				the loan recipient's solicitation or award of a contract. The protest must be
				filed with the loan recipient by a party with a direct financial interest
				adversely affected by a loan recipient's procurement action, and must be filed
				in accordance with and within the time frame established by the loan
				recipient's protest procedures.
(2)
				Any party which transmits any document concerning the protest during the course
				of a protest and protest resolution must simultaneously furnish all other
				affected parties and the Department with a copy of all documents in the
				transmittal.
(3) Upon receipt of a
				protest, the loan recipient must make a determination on the protest in
				accordance with the loan recipient's protest procedures within thirty (30)
				calendar days after such protest, or sooner if so required by the loan
				recipient's procurement protest procedures.
(4) The party with a direct financial
				interest adversely affected by a loan recipient's determination of the protest
				may appeal such a determination only through the appropriate court of competent
				jurisdiction, provided such appeal is initiated within seven (7) calendar days
				after receipt of the determination.
(5) Any delay due to a protest or protest
				resolution will not relieve the loan recipient of the requirement to meet the
				project schedule established in the loan agreement, nor will such delays
				prevent the Department from pursuing the remedies for default established in
				the loan agreement.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 6 - Wastewater Pollution Control Regulations › Chapter 5 - Mississippi Commission on Environmental Quality Water Pollution Control Emergency Loan Fund Program Regulations › Appendix 11-6-5-I - Related Laws and Regulations

Current through June 25, 2024
During the planning, design, construction, and operation of
				  the project, the loan recipient shall comply with all applicable laws and
				  regulations and shall acquire all applicable permits as described in the
				  Departmental publication "Environmental Permit Directory", or its successor.
				  The applicable related laws and regulations are listed below. The WPCELF
				  regulations are not complete without these laws and regulations.
A. Guidelines for Review of Siting Criteria
				in Applications for Air and Water Pollution Control Permits. The loan recipient
				shall also comply with the following related requirements:
(1) All design plans submitted to the
				Department for review shall clearly display that a 150-foot buffer zone between
				the treatment facility and the adjoining property l lines (unless exempted by
				zoning) is provided. This shall be shown on a plan view of the treatment
				facility site. If it is not possible to provide a 150-foot buffer zone, a
				written waiver from the adjoining property owners shall also accompany the
				design plans. When a waiver is necessary, it is strongly suggested that this be
				obtained prior to substantial work on the treatment facility design.
(2) An NPDES or State Operating Permit
				application shall accompany all design plans for wastewater treatment
				facilities, if a permit or permit modification is required.
(3) All appraisals, negotiations, purchase
				agreements, and site certificates shall include the required buffer zones,
				unless a waiver was previously submitted along with the design plans.
(4) In cases where a needed waiver cannot be
				obtained, the loan recipient may pursue a variance from the 150-foot buffer
				zone requirement as provided in section 3.(c) of the Permit Board's "Guidelines
				for Review of Siting Criteria in Applications for Air and Water Pollution
				Control Permits."
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 6 - Wastewater Pollution Control Regulations › Chapter 6 - Mississippi Commission on Environmental Quality Water Pollution Control Revolving Loan Fund Program Regulations › Rule 11-6-6.2 - Program Requirements

Current through June 25, 2024
A. Eligible
				Applicant Determination. To be eligible for financial assistance, an applicant
				must meet the definition of an eligible applicant as described in Appendix M of
				these regulations, as determined by the Department.
B. Intended Use Plan (IUP). In each fiscal
				year for which funds are available in the WPCRLF, the Commission will establish
				and publish an IUP in conformance with federal requirements. The IUP includes a
				mechanism developed by the Department to prioritize potential projects for uses
				of the available funds. The IUP describes the intended use of the funds in the
				WPCRLF and how the uses support the goals of the program.
C. Reserves. The Commission may reserve
				certain percentages of the State's federal Title VI allotment from each fiscal
				year for administration of the WPCRLF program and for planning under Sections
				205(j) and 303(e) of the Act, consistent with the Act and state law. The
				Commission may also charge administrative fees to loan recipients for
				administration of the WPCRLF program, as established in each year's
				IUP.
D. Public Comment and Review.
				In accordance with the Act, the Commission will establish and provide for
				public comment on and review of the annual IUP. The Department may take into
				consideration any comments prior to adoption of the annual IUP. After adoption
				by the Commission, modification to these documents may be adopted by the
				Commission as provided for in the IUP without further public comment and
				review.
E. WPCRLF Uses. The fund
				may be used for the following purposes, or as established in the IUP, for a
				given fiscal year.
(1) To make loans to
				eligible applicants on the condition that:
(a)
				Such loans are made at or below market interest rates, at terms not to exceed
				20 years after project completion, or for such period as may be allowed by
				federal law.
(b) The loan applicant
				shall establish a dedicated source of revenue for repayment of loans.
(c) The fund shall be credited with all
				payments of principal and interest on all loans.
(d) The loan applicant is in compliance with
				WPCRLF regulations.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 6 - Wastewater Pollution Control Regulations › Chapter 6 - Mississippi Commission on Environmental Quality Water Pollution Control Revolving Loan Fund Program Regulations › Appendix 11-6-6-A - Determination of Eligible and Allowable Costs

Current through June 25, 2024
A.
				General
Eligible costs are those costs in which WPCRLF loan
				  participation is authorized pursuant to applicable statute. Allowable costs are
				  eligible costs that meet the following general criteria in addition to any
				  specific identification as an allowable cost within Appendix A:
(1) Are necessary and reasonable for the
				proper and efficient administration and construction of the project, be
				allocable to the project, and not be a general expense required to carry out
				the overall responsibilities of the loan recipient.
(2) Are authorized or not prohibited under
				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 loan 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 federally or state financed
				program in either the current, prior, or future period.
(7) Are determined allowable by the
				Department after review of necessary books, records and other documents related
				to the costs. Failure to cooperate with the Department regarding access to
				project records or refusal to provide such records when requested by the
				Department may result in costs being determined unallowable for WPCRLF
				participation.
(8) Are within the
				scope and budget period of the project as described in the loan
				agreement.
(9) Are determined
				without regard to any previous federal grant, WPALP, WPCELF or WPCRLF loan
				funding provided for facilities to be replaced, upgraded, or rehabilitated,
				except as described in Rule
				6.2.F.(2)(d) and (e) of these
				regulations.
(10) Not withstanding
				this appendix, are eligible and allowable under the federal Clean Water Act and
				any implementing federal regulations.
(11) Are procured in accordance with Appendix
				C.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 6 - Wastewater Pollution Control Regulations › Chapter 6 - Mississippi Commission on Environmental Quality Water Pollution Control Revolving Loan Fund Program Regulations › Appendix 11-6-6-B - State Environmental Review Process

Current through June 25, 2024
[For Projects Defined Under Section 212 of the Act]
A. Facilities Plan Description of
				Environmental Impacts
Each project's facilities plan must contain a comparative
				  evaluation of the no-action alternative and the proposed alternative which
				  accounts for the beneficial and adverse consequences to the existing and future
				  environmental resources as follows and any corresponding mitigative measures
				  necessary to protect these resources:
(1) Surface and groundwater
				resources.
(2)
				Archaeological/historical/cultural resources.
(3) Vegetative/wildlife resources.
(4) Wetlands and navigable
				waterways.
(5)
				Floodplains.
(6) Coastal
				zones.
(7) Wild and scenic
				rivers.
(8) Air Quality.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 6 - Wastewater Pollution Control Regulations › Chapter 6 - Mississippi Commission on Environmental Quality Water Pollution Control Revolving Loan Fund Program Regulations › Appendix 11-6-6-C - Procurement Requirements for WPCRLF Loan Recipients

Current through June 25, 2024
In the procurement of all construction, equipment, materials,
				  supplies, professional and nonprofessional services and all other costs related
				  to the WPCRLF project, all loan recipients must comply with state purchasing
				  laws as they relate to local governments.
The procurement and conduct of all professional engineering
				  and land surveying services must also be in accordance with the Code of Conduct
				  and other guidance and interpretations established by the Mississippi State
				  Board of Registration for Professional Engineers and Land Surveyors.
The procurement and conduct of all construction contracts
				  must also be in accordance with the rules and regulations of the Mississippi
				  State Board of Contractors and other guidance and interpretations established
				  by the Mississippi State Board of Contractors.
All loan recipients must submit a procurement certification
				  stating that the loan recipient has reviewed the proposed costs in sufficient
				  detail to determine that these costs are reasonable and indicating that all of
				  the above referenced requirements have been and will be met. If any of the
				  above procurement requirements are violated, the Department may determine that
				  the related costs are unallowable and may require repayment of all WPCRLF Loan
				  funds paid for such costs, in accordance with Rule
				  6.3.H.(6) of these
				  regulations.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 6 - Wastewater Pollution Control Regulations › Chapter 6 - Mississippi Commission on Environmental Quality Water Pollution Control Revolving Loan Fund Program Regulations › Appendix 11-6-6-D - Minority and Women's Business Enterprise Requirements (MBE/WBE)

Current through June 25, 2024
These MBE/WBE requirements apply to all projects funded
				  within a fiscal year in which federal capitalization grants to the Department
				  require such compliance. The Department will establish "fair share" objectives
				  for participation by minority and women's business enterprises in WPCRLF funded
				  projects. The loan recipient must undertake the following steps in the
				  procurement of materials, equipment, supplies, and construction:
(1) Include qualified minority and women's
				businesses on solicitation lists,
(2) Assure that minority and women's
				businesses are solicited whenever they are potential sources,
(3) Divide total requirements, when
				economically feasible, into small tasks or quantities to permit maximum
				participation by minority and women's businesses,
(4) Establish delivery schedules, when
				practical which will encourage participation by minority and women's
				businesses,
(5) Use the services of
				the Office of Minority Business Enterprises of the Mississippi Department of
				Economic and Community Development and the Contract Procurement Centers of the
				U.S. Department of Commerce, as appropriate, and
(6) Require the contractor to take the five
				(5) steps listed above, if the contractor awards subcontracts.
The loan recipient, engineer, and prime contractor(s) must
				  also follow the guidance in the Department document "Utilization of Minority
				  and Women's Business Enterprises."
Minority and women's business enterprises must be certified
				  by the Mississippi Department of Economic & Community Development, Office
				  of Minority Business Enterprises or the Mississippi Department of
				  Transportation.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 6 - Wastewater Pollution Control Regulations › Chapter 6 - Mississippi Commission on Environmental Quality Water Pollution Control Revolving Loan Fund Program Regulations › Appendix 11-6-6-E - Debarment and Suspension

Current through June 25, 2024
The Department is prohibited from entering into loan
				  agreements with loan applicants that have been debarred or suspended by any
				  state or federal agency.
Loan 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.
Loan 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 Department 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 Department reasonably believes that a
				  cause for debarment exists, the Department may propose debarment or suspension
				  and may initiate procedures similar to, but not necessarily identical to,
				  federal regulation 40 CFR Part 32: Debarment and Suspension Under EPA
				  Assistance Programs.
Such above described debarment or suspension actions will not
				  affect existing executed contractual agreements, unless such agreements have
				  been terminated or suspended under the terms of the agreement by the loan
				  recipient.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 6 - Wastewater Pollution Control Regulations › Chapter 6 - Mississippi Commission on Environmental Quality Water Pollution Control Revolving Loan Fund Program Regulations › Appendix 11-6-6-F - WPCRLF Loan Recipient/Department Disputes Procedures

Current through June 25, 2024
Only WPCRLF loan recipients may submit a notice of dispute
				  (disagreement) with a decision made by the Department, with the exception of
				  decisions regarding Appendix B, State Environmental Review Process, of these
				  regulations. The following procedures will be used to resolve disputes between
				  the loan recipient and the Department:
(1) Within any deadlines established by the
				Department, the loan recipient must submit a written notice of dispute with a
				Department decision, including a summary of the dispute and reasons the loan
				recipient believes the Department decision should be reversed.
(2) The Department staff will then render a
				written decision on the dispute and will include reasons for the
				decision.
(3) Should the loan
				recipient desire to appeal the Department staff decision, a request for an
				informal hearing must be received by the Department within 30 days after the
				date of the Department staff decision. Upon receipt of such a request, an
				informal hearing will be held with staff members, as designated by the
				Executive Director, and the affected parties. The Executive Director will
				render a decision on the appeal as a result of the informal hearing.
(4) Should the loan recipient desire to
				appeal the above informal hearing decision, a request for a formal hearing
				before the Commission must be received by the Department within 30 days after
				the date of such decision. Upon receipt of such a request, the Commission will
				hold a formal hearing to consider the matter and will render a
				decision.
(5) Appeals of the above
				formal hearing decision may be made to the Chancery Court in accordance with
				state law.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 6 - Wastewater Pollution Control Regulations › Chapter 6 - Mississippi Commission on Environmental Quality Water Pollution Control Revolving Loan Fund Program Regulations › Appendix 11-6-6-G - Waste, Fraud and Abuse

Current through June 25, 2024
The loan recipient is responsible for preventing, detecting,
				  and prosecuting waste, fraud, abuse, and all other corrupt practices which
				  occur in relation to the WPCRLF loan project.
If the loan recipient becomes aware of any allegation,
				  evidence, or the appearance of corrupt practices, the loan recipient
				  must:
(1) Immediately inform the
				Department in writing.
(2) Promptly
				pursue available state and local legal, administrative, and contractual
				remedies.
The Department may disallow costs under the WPCRLF loan
				  agreement when the costs are determined to be related to waste, fraud, abuse or
				  other corrupt practices. The Department may also require repayment of WPCRLF
				  loan funds paid for such costs in accordance with Rule
				  6.3.H.(6) of these regulations.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 6 - Wastewater Pollution Control Regulations › Chapter 6 - Mississippi Commission on Environmental Quality Water Pollution Control Revolving Loan Fund Program Regulations › Appendix 11-6-6-H - Loan Recipient Accounting and Auditing Requirements

Current through June 25, 2024
All WPCRLF loan recipients must maintain project accounts in
				  accordance with generally accepted government accounting standards, as defined
				  by the Guidelines of the Municipal Accounting and Audit Manual, as prescribed
				  by the State Auditor's Office. Charges to the project account must be properly
				  supported, related to allowable construction costs, and documented by
				  appropriate records. These project accounts must be maintained as separate
				  accounts.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 6 - Wastewater Pollution Control Regulations › Chapter 6 - Mississippi Commission on Environmental Quality Water Pollution Control Revolving Loan Fund Program Regulations › Appendix 11-6-6-I - Procurement Protest Procedures

Current through June 25, 2024
This Appendix sets forth the process for the resolution of
				  procurement protests filed with the loan recipient by an adversely affected
				  party. The Loan Recipient's protest procedures must include these
				  requirements:
(1) Prior to
				advertisement for bids, the loan recipient must establish its own procedures
				for prompt consideration of initial protests concerning solicitations or
				contract awards. A "protest" is a written complaint concerning the loan
				recipient's solicitation or award of a contract. The protest must be filed with
				the loan recipient by a party with a direct financial interest adversely
				affected by a loan recipient's procurement action and must be filed in
				accordance with and within the time frame established by the loan recipient's
				protest procedures.
(2) Any party
				which transmits any document concerning the protest during the course of a
				protest and protest resolution must simultaneously furnish all other affected
				parties with a copy of all documents in the transmittal.
(3) Upon receipt of a protest, the loan
				recipient must make a determination on the protest in accordance with the loan
				recipient's protest procedures within thirty (30) calendar days after such
				protest or sooner, if so required by the loan recipient's procurement protest
				procedures.
(4) The party with a
				direct financial interest adversely affected by a loan recipient's
				determination of the protest may appeal such a determination only through the
				appropriate court of competent jurisdiction, provided such appeal is initiated
				within seven (7) calendar days after receipt of the determination.
(5) Any delay due to a protest or protest
				resolution will not relieve the loan recipient of the requirement to meet the
				project schedule established in the loan agreement, nor will such delays
				prevent the Department from pursuing the remedies for default established in
				the loan agreement.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 6 - Wastewater Pollution Control Regulations › Chapter 6 - Mississippi Commission on Environmental Quality Water Pollution Control Revolving Loan Fund Program Regulations › Appendix 11-6-6-J - Applicable State and Federal Laws, Regulations, and Executive Orders

Current through June 25, 2024
During the planning, design, construction, and operation of
				  the project, the loan recipient shall comply with all applicable laws and
				  regulations and shall acquire all applicable permits as described in the
				  Departmental publication "Environmental Permit Directory," or its successor.
				  The applicable related state laws and regulations are listed below. The WPCRLF
				  regulations are not complete without these laws and regulations: State Laws and
				  Regulations
A. Guidelines for Review of
				Siting Criteria in Applications for Air and Water Pollution Control Permits.
B. Mississippi Water Quality
				Criteria for Intrastate, Interstate and Coastal Waters.
C. Mississippi Nonhazardous Waste Management
				Regulations.
D. Mississippi Coastal
				Wetlands Protection Law, Section
				49-27-1
				through
				49-27-69
				of the Mississippi Code Annotated (Supp. 1989), et seq.
E. Mississippi Air Emission Regulations for
				the Prevention, Abatement, and Control of Air Contaminants.
F. Wastewater Permit Regulations for National
				Pollutant Discharge Elimination System (NPDES), Underground and Injection
				Control (UIC) and State Operating Permits.
G. The Nongame and Endangered Species
				Conservation Act, Sections
				49-5-101 through
				45-5-119 of the Mississippi Code.
H. The State Antiquities Law, Section
				39-7-3,
				et seq. of the Mississippi Code of 1972.
I. State of Mississippi Regulations for the
				Certification of Municipal and Domestic Wastewater Facility
				Operators.
J. Mississippi Municipal
				and Domestic Water and Wastewater System Operators Certification Act of 1986,
				Sections
				21-27-201
				through
				21-27-221
				Mississippi Code of 1972 Annotated.
K. Mississippi State Purchasing Laws, Title
				31, Mississippi Code 1972, annotated.
L. Mississippi State Engineering and
				Surveying Law, Sections
				73-13-1
				through
				73-13-99
				Mississippi Code 1972, annotated, and rules and regulation of procedure
				promulgated thereunder by Mississippi State Board of Registration for
				Professional Engineers and Land Surveyors.
M. Mississippi Real Property Acquisition
				Policies Law Section
				43-37-1
				through 13.
N. Mississippi Code
				Section
				21-35-21,
				annual audits required.
Federal Laws and Executive
				  Orders
A. Age
				Discrimination Act of 1975, Pub. L. 94-135.
B. Civil Rights Act of 1964, Pub. L.
				88-352.
C. Section 13 of the
				Federal Water Pollution Control Act Amendments of 1972, Pub. L. 92-500 (the
				Clean Water Act).
D. Section 504 of
				the Rehabilitation Act of 1973, Pub. L. 93-112 (including Executive Orders
				11914 and 11250).
E. Environmental
				Justice, Executive Order 12898.
F.
				Single Audit Act Amendments of 1996,
				P.L.
				104-156.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 6 - Wastewater Pollution Control Regulations › Chapter 6 - Mississippi Commission on Environmental Quality Water Pollution Control Revolving Loan Fund Program Regulations › Appendix 11-6-6-L - Loan Recipient/Contractor Claims and Disputes

Current through June 25, 2024
The Department is not a party to any contract between the
				  WPCRLF loan recipient and construction contractor(s), engineer(s), attorney(s),
				  equipment supplier(s), subcontractor(s) or any other parties.
Upon execution of any contract between the loan recipient and
				  any other party in regard to a WPCRLF funded project, the Department does not
				  assume any authorities, duties, responsibilities, or liabilities under such a
				  contract.
The Department does not have any authority, duty,
				  responsibility, or liability in contract claims or dispute identification,
				  negotiation, resolution, or any other actions regarding contract claims or
				  disputes under the contract(s) between the loan recipient and any other
				  party.
No actions taken by the Department, either directly or
				  indirectly, in regard to the WPCRLF loan funded project constitute or establish
				  any determinations, authority, duty, responsibility, or liability under the
				  contract(s) between the loan recipient and any other party.
The loan recipient and the contracting party must resolve all
				  claims and disputes by negotiation, arbitration, litigation, or other means as
				  provided in the contract documents and state law, prior to submission of any
				  related change order or contract amendment to the Department for review and
				  approval, in order to obtain a WPCRLF loan allowability
				  determination.
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 11-6-7.2 - Program Requirements

Current through June 25, 2024
A. Eligible
				Applicant Determination. To be eligible for financial assistance, an applicant
				must meet the definition of an eligible applicant as described in Appendix M of
				these regulations, as determined by the Department.
B. Intended Use Plan (IUP). In each fiscal
				year for which funds are available in the WPCRLF, the Commission will establish
				and publish an IUP in conformance with federal requirements. The IUP includes a
				mechanism developed by the Department to prioritize potential projects for uses
				of the available funds. The IUP describes the intended use of the funds in the
				WPCRLF and how the uses support the goals of the program.
C. Reserves. The Commission may reserve
				certain percentages of the State's federal Title VI allotment from each fiscal
				year for administration of the WPCRLF program and for planning under Sections
				205(j) and 303(e) of the Act, consistent with the Act and state law. The
				Commission may also charge administrative fees to loan recipients for
				administration of the WPCRLF program, as established in each year's
				IUP.
D. Public Comment and Review.
				In accordance with the Act, the Commission will establish and provide for
				public comment on and review of the annual IUP. The Department may take into
				consideration any comments prior to adoption of the annual IUP. After adoption
				by the Commission, modification to these documents may be adopted by the
				Commission as provided for in the IUP without further public comment and
				review.
E. WPCRLF Uses. The fund
				may be used for the following purposes, or as established in the IUP, for a
				given fiscal year.
(1) To make loans to
				eligible applicants on the condition that:
(a)
				Such loans are made at or below market interest rates, at terms not to exceed
				20 years after project completion, or for such period as may be allowed by
				federal law.
(b) The loan applicant
				shall establish a dedicated source of revenue for repayment of loans.
(c) The fund shall be credited with all
				payments of principal and interest on all loans.
(d) The loan applicant is in compliance with
				WPCRLF regulations.
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 › Appendix 11-6-7-A - Determination of Eligible and Allowable Costs

Current through June 25, 2024
A.
				General
Eligible costs are those costs in which WPCRLF loan
				  participation is authorized pursuant to applicable statute. Allowable costs are
				  eligible costs that meet the following general criteria in addition to any
				  specific identification as an allowable cost within Appendix A:
(1) Are necessary and reasonable for the
				proper and efficient administration and construction of the project, be
				allocable to the project, and not be a general expense required to carry out
				the overall responsibilities of the loan recipient.
(2) Are authorized or not prohibited under
				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 loan 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 federally or state financed
				program in either the current, prior, or future period.
(7) Are determined allowable by the
				Department after review of necessary books, records and other documents related
				to the costs. Failure to cooperate with the Department regarding access to
				project records or refusal to provide such records when requested by the
				Department may result in costs being determined unallowable for WPCRLF
				participation.
(8) Are within the
				scope and budget period of the project as described in the loan
				agreement.
(9) Are determined
				without regard to any previous federal grant, WPALP, WPCELF or WPCRLF loan
				funding provided for facilities to be replaced, upgraded, or rehabilitated,
				except as described in Rule 7.2. F.(2)(d) and (e) of these
				regulations.
(10) Not withstanding
				this appendix, are eligible and allowable under the federal Clean Water Act and
				any implementing federal regulations.
(11) Are procured in accordance with Appendix
				C.
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 › Appendix 11-6-7-B - State Environmental Review Process

Current through June 25, 2024
[For Projects Defined Under Section 212 of the Act]
A. Facilities Plan Description of
				Environmental Impacts
Each project's facilities plan must contain a comparative
				  evaluation of the no-action alternative and the proposed alternative which
				  accounts for the beneficial and adverse consequences to the existing and future
				  environmental resources as follows and any corresponding mitigative measures
				  necessary to protect these resources:
(1) Surface and groundwater
				resources.
(2)
				Archaeological/historical/cultural resources.
(3) Vegetative/wildlife resources.
(4) Wetlands and navigable
				waterways.
(5)
				Floodplains.
(6) Coastal
				zones.
(7) Wild and scenic
				rivers.
(8) Air Quality.
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 › Appendix 11-6-7-C - Procurement Requirements for WPCRLF Loan Recipients

Current through June 25, 2024
In the procurement of all construction, equipment, materials,
				  supplies, professional and non-professional services and all other costs
				  related to the WPCRLF project, all loan recipients must comply with state
				  purchasing laws as they relate to local governments.
The procurement and conduct of all professional engineering
				  and land surveying services must also be in accordance with the Code of Conduct
				  and other guidance and interpretations established by the Mississippi State
				  Board of Registration for Professional Engineers and Land Surveyors.
The procurement and conduct of all construction contracts
				  must also be in accordance with the rules and regulations of the Mississippi
				  State Board of Contractors and other guidance and interpretations established
				  by the Mississippi State Board of Contractors.
The loan recipient understands and agrees that it will
				  include in all its contracts those contract provisions required in Appendix L
				  of these regulations.
All loan recipients must submit a procurement certification
				  stating that the loan recipient has reviewed the proposed costs in sufficient
				  detail to determine that these costs are reasonable and indicating that all of
				  the above referenced requirements have been and will be met. If any of the
				  above procurement requirements are violated, the Department may determine that
				  the related costs are unallowable and may require repayment of all WPCRLF Loan
				  funds paid for such costs, in accordance with Rule 7.3.H.(6) of these
				  regulations.
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 › Appendix 11-6-7-D - Minority and Women's Business Enterprise (MBE/WBE) Requirements

Current through June 25, 2024
These MBE/WBE requirements apply to all projects funded
				  within a fiscal year in which federal capitalization grants to the Department
				  require such compliance. The Department will establish "fair share" objectives
				  for participation by minority and women's business enterprises in WPCRLF funded
				  projects. The loan recipient must undertake the following steps in the
				  procurement of materials, equipment, supplies, and construction:
(1) Include qualified minority and women's
				businesses on solicitation lists,
(2) Assure that minority and women's
				businesses are solicited whenever they are potential sources,
(3) Divide total requirements, when
				economically feasible, into small tasks or quantities to permit maximum
				participation by minority and women's businesses,
(4) Establish delivery schedules, when
				practical which will encourage participation by minority and women's
				businesses,
(5) Use the services of
				the Minority Business Enterprises Division of the Mississippi Development
				Authority and the Contract Procurement Centers of the U.S. Department of
				Commerce, as appropriate, and
(6)
				Require the contractor to take the five (5) steps listed above, if the
				contractor awards subcontracts.
The loan recipient, engineer, and prime contractor(s) must
				  also follow the guidance in the Department document "Utilization of Minority
				  and Women's Business Enterprises."
Minority and women's business enterprises must be certified
				  by the Mississippi Development Authority or the Mississippi Department of
				  Transportation.