reglab/statecodes huggingface dataset:
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-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 7 - Mississippi Commission on Environmental Quality Water Pollution Control Revolving Loan Fund Program Regulations › Appendix 11-6-7-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 7 - Mississippi Commission on Environmental Quality Water Pollution Control Revolving Loan Fund Program Regulations › Appendix 11-6-7-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 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-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. Projects shall have audits conducted in accordance with the Federal
				  Single Audit Act Amendments of 1996, P.C. 104-156, and Section
				  21-35-31
				  of the Mississippi Code.
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-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 9 - Mississippi Commission on Environmental Quality, Mississippi 2024 Section 303(d) List of Impaired Water Bodies › Rule 11-6-9.1 - INTRODUCTION

Current through June 25, 2024
Mississippi's 2024 Section 303(d) List of Impaired Water
				  Bodies fulfills the state's obligation with respect to §303(d) of the
				  Federal Clean Water Act to develop a listing of the state's impaired waters.
				  MDEQ provides two reports, this §303(d) list and a §305(b) report.
				  These are not physically integrated, but the lists are meant to have a
				  one-to-one relationship in that all of the water body segments found in the
				  §305(b) report listed in category 5 are also listed in this document in
				  Table 9 below. These basins are shown on the map on page 4.
1. Big Black River Basin
2. Coastal Streams Basin
3. North Independent Streams Basin
4. Pascagoula River Basin
5. Pearl River Basin
6. South Independent Streams and Lower
				Mississippi River Basins
7.
				Tennessee River Basin
8. Tombigbee
				River Basin
9. Yazoo River and
				Upper Mississippi River Basins
Miss. Code
				  Ann. §§
										49-2-1, et seq. and 49-17-1, et
				  seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 6 - Wastewater Pollution Control Regulations › Chapter 9 - Mississippi Commission on Environmental Quality, Mississippi 2024 Section 303(d) List of Impaired Water Bodies › Rule 11-6-9.2 - REGULATORY REQUIREMENT

Current through June 25, 2024
Section 303(d) of the Clean Water Act and the implementing
				  federal regulations at 40 C.F.R. §130.7 require the state to identify
				  those waters within its jurisdiction for which effluent limitations are not
				  sufficient to implement one or more applicable water quality standards and for
				  which TMDLs are not yet completed. The state is to establish a priority ranking
				  for such waters, taking into account the severity of the pollution and the
				  designated uses to be made of such waters.
Miss. Code
				  Ann. §§
										49-2-1, et seq. and 49-17-1, et
				  seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 6 - Wastewater Pollution Control Regulations › Chapter 9 - Mississippi Commission on Environmental Quality, Mississippi 2024 Section 303(d) List of Impaired Water Bodies › Rule 11-6-9.4 - FISH AND SHELLFISH CONSUMPTION ADVISORIES AND IMPAIRED WATERS

Current through June 25, 2024
Non-attainment of the fish consumption use was assessed for a
				  water body based on the presence of a fish consumption advisory supported by
				  fish tissue monitoring data. Water bodies with fish consumption advisories,
				  "restricted" or "no consumption," were assessed as not attaining the fish
				  consumption use support designation. A list of fish consumption advisories can
				  be found on the MDEQ website at:
https://www.mdeq.ms.gov/water/field-services/fish-advisories-fish-tissue-and-fishing-bans/
Coastal water bodies with the Shellfish designated use that
				  have consumption advisories are not included in the 2024 §303(d) List
				  because these waters already have completed TMDLs for pathogens. These waters
				  have a category 4A in the state's §305(b) report. These TMDLs are
				  available for review on MDEQ's website.
Miss. Code
				  Ann. §§
										49-2-1, et seq. and 49-17-1, et
				  seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 6 - Wastewater Pollution Control Regulations › Chapter 9 - Mississippi Commission on Environmental Quality, Mississippi 2024 Section 303(d) List of Impaired Water Bodies › Rule 11-6-9.7 - TMDLs SCHEDULED FOR THE NEXT TWO YEARS

Current through June 25, 2024
MDEQ has developed a new collaborative framework for
				  implementing the Clean Water Act in compliance with a new national initiative
				  by EPA. The Priority Framework Process is designed to help coordinate efforts
				  to advance the effectiveness of the water program. In order to select priority
				  watersheds MDEQ used landscape information to characterize and rank watersheds
				  by resource value and potential stressors. This new framework does not change
				  regulation, policy or issue new mandates. It is intended to provide focus for
				  MDEQ's water programs so as to better manage the activities and promote
				  collaboration to achieve water quality goals. More information on the Priority
				  Framework Process can be found here:
http://www.mdeq.ms.gov/water/surface-water/priority-framework/
Table 8 below lists the TMDLs MDEQ has planned for
				  development in 2024 and 2025 based on resource availability. These TMDLs are
				  also dependent on completion of stressor identifications for the biological
				  listings included.
Table 8. TMDLs Scheduled for 2024 and
				  2025
Basin
Water Body Name
Water Body ID
County
Pollutant(s)
North Independent Streams
Owl Creek
301412
Tippah
Sediment
Tombigbee River
Dry Creek
804214
Clay, Monroe
Sediment
Tombigbee River
Town Creek
804111
Monroe, Clay
Sediment
Tombigbee River
Town Creek
804211
Clay
Sediment
Yazoo River
Cherry Creek
901212
Pontotoc
Biological Impairment
Yazoo River
Lyon Creek
901111
Pontotoc
Biological Impairment
Yazoo River
Okanattie Creek
900911
Union
Biological Impairment
Yazoo River
Unnamed Tributary to Little Tallahatchie
								River
901713
Union
Biological Impairment
Miss. Code
				  Ann. §§
										49-2-1, et seq. and 49-17-1, et
				  seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 6 - Wastewater Pollution Control Regulations › Chapter 9 - Mississippi Commission on Environmental Quality, Mississippi 2024 Section 303(d) List of Impaired Water Bodies › Rule 11-6-9.8 - PUBLIC PARTICIPATION AND APPROVAL PROCESS

Current through June 25, 2024
MDEQ notified the public of the availability of this document
				  by publishing a Public Notice in a statewide newspaper. Additionally, MDEQ sent
				  notices of availability to those addressees on the TMDL notification
				  list.
The public was invited to comment on the content of this
				  document. The Public Notice period was February
				  12th, 2024 to March 18th,
				  2024. Comments were accepted by mail, electronic submission, and at the Public
				  Hearing held at the end of the public comment period March
				  18th at 2:00 p.m.. The final document will be
				  submitted to the Mississippi Commission on Environmental Quality for adoption
				  in April. Once adopted by the Commission, the 2024 §303(d) List will be
				  submitted to EPA Region 4 for final approval, and then the Mississippi 2024
				  §303(d) List of Impaired Water Bodies will be filed with the Mississippi
				  Secretary of State in compliance with state law.
Miss. Code
				  Ann. §§
										49-2-1, et seq. and 49-17-1, et
				  seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 6 - Wastewater Pollution Control Regulations › Chapter 9 - Mississippi Commission on Environmental Quality, Mississippi 2024 Section 303(d) List of Impaired Water Bodies › REFERENCES

Current through June 25, 2024
MDEQ. 2003.
Development and Application of the
				  Mississippi Benthic Index of Stream Quality (M-BISQ).
Office of
				  Pollution Control.
MDEQ. 2024.
MISSISSIPPI CALM (Consolidated Assessment
				  and Listing Methodology) 2014 Assessment and Listing Cycle.
Office of
				  Pollution Control.
MDEQ. 2006.
NRCS State Watershed Map and
				  Table.
Office of Pollution Control.
MDEQ. 2020.
State of Mississippi Water Quality
				  Criteria for Intrastate, Interstate and Coastal Waters.
Office of
				  Pollution Control.
MDEQ. 2006.
USGS and MDEQ State 12 Digit Watershed
				  Atlas.
Office of Pollution Control.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 6 - Wastewater Pollution Control Regulations › Chapter 9 - Mississippi Commission on Environmental Quality, Mississippi 2024 Section 303(d) List of Impaired Water Bodies › Appendix 11-6-9-A - ATLAS

Current through June 25, 2024
Maps are included in Appendix A for each basin. Streams shown
				  in blue are impaired streams. In some river basins, the maps were split into
				  8-digit Hydrologic Unit Codes to better fit the page. Basins with no current
				  listings are not included.
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Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 6 - Wastewater Pollution Control Regulations › Chapter 9 - Mississippi Commission on Environmental Quality, Mississippi 2024 Section 303(d) List of Impaired Water Bodies › Appendix 11-6-9-B - ATLAS OF TMDL SUCCESSES

Current through June 25, 2024
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Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 7 - Surface Water and Groundwater Use and Protection, Licensing of Water Well Contractors and Dam Safety Regulations › Chapter 1 - Mississippi Commission Environmental Quality Surface Water Groundwater Use and Protection Regulations › Rule 11-7-1.1 - Definitions

Current through June 25, 2024
The words and phrases used in this regulation shall have the
				  meanings set forth in this section.
A.
Annular Space
- the space between the borehole wall and
				the well casing or screen, or the space between a casing pipe and a liner pipe
				or between two strings of casing.
B.
Applicant
- any
				person who submits an application to obtain a permit to divert, store, or
				withdraw waters of the state.
C.
Aquifer
- a geologic formation, hydraulically connected
				group of formations, or part of a formation that can yield water to a well or
				spring
(1) Confined Aquifer (Commonly referred
				to as artesian aquifers) a permeable geologic layer or zone saturated with
				groundwater isolated from the atmosphere by impermeable confining layers. The
				groundwater in confined aquifers is subjected to pressures higher than
				atmospheric pressure so that water in a well penetrating the aquifer will rise
				to some level above the actual top of the aquifer.
(2) Unconfined Aquifer (Commonly referred to
				as water table aquifers) a permeable geologic layer or zone saturated with
				groundwater at atmospheric pressure. These aquifers are generally not overlain
				by impermeable confining layers and may be vulnerable to contamination from
				surface activities or events that discharge pollutants on the
				ground.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 7 - Surface Water and Groundwater Use and Protection, Licensing of Water Well Contractors and Dam Safety Regulations › Chapter 1 - Mississippi Commission Environmental Quality Surface Water Groundwater Use and Protection Regulations › Rule 11-7-1.3 - Surface Water Diversions

Current through June 25, 2024
All surface water diversions must meet the permitting
				  requirements set forth in
Rule 1.2
, unless
				  specifically exempted below.
A.
Exemptions
Surface water diversions meeting the
				following conditions shall not be subject to the permitting requirements of
				this chapter:
(1) Diversions when the water is
				to be used for domestic single-residence purposes.
(2) Diversions from an existing impoundment
				not located on a continuous, free flowing watercourse. However, for proposed
				surface water impoundments, the person intending to acquire the right to store
				or use water from a reservoir formed by a dam shall obtain a permit for storage
				or use of water from the impoundment as required by Miss. Code Ann. Section
				51-3-39
				paragraph (1)(c), prior to commencement of construction of the dam.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 7 - Surface Water and Groundwater Use and Protection, Licensing of Water Well Contractors and Dam Safety Regulations › Chapter 1 - Mississippi Commission Environmental Quality Surface Water Groundwater Use and Protection Regulations › Rule 11-7-1.4 - Groundwater Withdrawals

Current through June 25, 2024
All groundwater withdrawals must meet the permitting
				  requirements set forth in Rule 1.2, unless specifically exempted below.
A.
Exemptions
- Wells
				for the purpose of groundwater withdrawal meeting the following conditions
				shall not be subject to the permitting requirements of this regulation:
(1) Wells used for domestic purposes and
				providing potable water to only one (1) household; or
(2) Wells with a surface casing diameter less
				than six inches, except as regulations govern prohibited uses specified in
Rule 1.4.D
and reporting requirements specified in
Rule 1.4.E
.
(3) Relief wells installed to protect the
				integrity of a structure, such as a dam or levee.
Note: The fact that a well may be exempt under this
				  regulation shall not relieve the owner of responsibility for complying with
				  other applicable state or federal regulations ; e.g., wells, regardless of
				  size, that are part of a Public Water System must comply with Mississippi State
				  Department of Health Regulations.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 7 - Surface Water and Groundwater Use and Protection, Licensing of Water Well Contractors and Dam Safety Regulations › Chapter 1 - Mississippi Commission Environmental Quality Surface Water Groundwater Use and Protection Regulations › Rule 11-7-1.5 - Confidential Information

Current through June 25, 2024
Procedures for declaring submitted information confidential
				  and for agency handling of such information are found in Miss. Code Ann.
				  Section
				  49-17-39,
				  Section
				  51-3-44,
				  and the Commissions Regulations Regarding the Review and Reproduction of Public
				  Records, Chapter 11, Part 1, Chapter 2.
Miss. Code Ann.
				  §§
										51-3-1,
				  et seq., 49-2-1, et seq. and 49-17-1, et seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 7 - Surface Water and Groundwater Use and Protection, Licensing of Water Well Contractors and Dam Safety Regulations › Chapter 1 - Mississippi Commission Environmental Quality Surface Water Groundwater Use and Protection Regulations › Rule 11-7-1.6 - Enforcement

Current through June 25, 2024
Enforcement of these regulations shall be governed by Miss.
				  Code Ann. Section
				  51-3-49
				  through
				  51-3-55,
				  and Sections
				  49-17-31
				  through
				  49-17-43.
Miss. Code Ann.
				  §§
										51-3-1,
				  et seq., 49-2-1, et seq. and 49-17-1, et seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 7 - Surface Water and Groundwater Use and Protection, Licensing of Water Well Contractors and Dam Safety Regulations › Chapter 1 - Mississippi Commission Environmental Quality Surface Water Groundwater Use and Protection Regulations › Rule 11-7-1.7 - Correspondence and Adequacy of Notice

Current through June 25, 2024
A.
General
- All permittees and licensees shall inform
				MDEQ of any address changes within fifteen (15) days of any change of address,
				and must readily accept all mail sent to them from the Commission, MDEQ, or the
				Permit Board.
B.
Registered or certified mail
- Registered or Certified
				Mail sent with proper postage and to the last address provided to MDEQ by the
				permittee or licensee shall be considered adequate notification of notice
				served if MDEQ is notified that the mail was delivered and accepted or if the
				mail is returned as rejected or unclaimed by the addressee.
C.
Refusal to accept
				mail
- Refusal to accept mail from the Commission, the Permit
				Board, the Department, or its designee, shall be considered a violation of this
				regulation.
Miss. Code Ann.
				  §§
										51-3-1,
				  et seq., 49-2-1, et seq., and 49-17-1, et seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 7 - Surface Water and Groundwater Use and Protection, Licensing of Water Well Contractors and Dam Safety Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Licensing of Water Well Contractors Regulations › Rule 11-7-2.1 - Definitions

Current through June 25, 2024
The words and phrases used in this regulation, shall have the
				  following meanings:
A.
Annular Space
- The space between the borehole wall and the well
				casing or screen, or the space between a casing pipe and a liner pipe or
				between two strings of casing.
B.
Applicant
- Any person who submits an application to
				obtain a water well contractors license.
C.
Approved Education
				Provider
- An organization that offers many educational courses for
				continuing education and has demonstrated, to the satisfaction of the
				Department, its qualifications to offer quality continuing education to water
				well contractors. Approved education providers are not required to submit every
				course they offer for Department approval.
D.
Aquifer
- a
				geologic formation, hydraulically connected group of formations, or part of a
				formation that can yield water to a well or spring.
(1) Confined Aquifer (Commonly referred to as
				artesian aquifers) a permeable geologic layer or zone saturated with
				groundwater isolated from the atmosphere by impermeable confining layers. The
				ground water subjected to pressures higher than atmospheric pressure so that
				water in a well penetrating the aquifer will rise to some level above the
				actual top of the aquifer.
(2)
				Unconfined Aquifer (Commonly referred to as water table aquifers) a permeable
				geologic layer or zone saturated with groundwater at atmospheric pressure.
				These aquifers are generally not overlain by impermeable confining layers and
				may be vulnerable to contamination from surface activities or events that
				discharge pollutants on the ground.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 7 - Surface Water and Groundwater Use and Protection, Licensing of Water Well Contractors and Dam Safety Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Licensing of Water Well Contractors Regulations › Rule 11-7-2.2 - Applicability

Current through June 25, 2024
A. Any person, or any company, corporation,
				or other business entity engaging in a business or occupation that involves
				drilling of water wells or drilling boreholes that may penetrate water bearing
				strata (including constructing water wells, constructing geo-thermal systems,
				constructing environmental monitoring wells, conducting geotechnical
				investigations, conducting seismic exploration, or similar activities) or
				installing pumps or other equipment in water wells must first obtain the
				appropriate license or license renewal required pursuant to this regulation. A
				license is not transferable or assignable, and MDEQ will maintain a current
				register of licensees. If the applicant is a company, corporation, or other
				business entity that is not an individual, the application shall include the
				name of the designated individual who will hold the license for the company. A
				company will be deemed to be licensed only if it has a designated principal or
				other key employee who is licensed. The application shall be accompanied by a
				notarized affidavit signed by the applicant certifying that the individual
				applicant or the companys designee has a minimum of three (3) years qualifying
				experience in the practice for which the license is being sought.
B. Exemptions- For the purposes of these
				regulations, a person who owns or leases property in the state; or who
				otherwise owns a property interest allowing the drilling of a water well on,
				and the use of water under, property in the state may drill a water well on
				that property without having a Water Well Contractors license provided:
(1) The well will be used only to supply
				water for domestic use to a single family dwelling which is the owners or
				lessees permanent residence; and/or to water livestock on the owners or lessees
				farm and/or to supply water for irrigating crops on the owners or lessees farm
				(crop irrigation exemption in effect until July 1, 2011 in accordance with MS
				Code Annotated Section
				51-5-1);
				and
(2) The owner or lessee
				complies with applicable well construction standards contained in this
				regulation and the applicable regulations promulgated by the Mississippi State
				Department of Health.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 7 - Surface Water and Groundwater Use and Protection, Licensing of Water Well Contractors and Dam Safety Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Licensing of Water Well Contractors Regulations › Rule 11-7-2.3 - Minimum Requirements For Licensing

Current through June 25, 2024
An applicant for a license, as defined in this regulation,
				  must submit a completed application on the form provided by MDEQ; and meet or
				  comply with the requirements set forth below:
A. Water Well Contractor (Unrestricted
				License)
(1) Be at least twenty-one (21) years
				of age; and
(2) Be of good moral
				character; and
(3) If not
				previously licensed by the state, or if seeking reinstatement of a license,
				demonstrate, to the satisfaction of the Commission, a reasonable knowledge of
				state water laws, regulations, water well and borehole drilling practices, and
				pump and well equipment installation practices by passing such examinations as
				may be prescribed by the Commission, or its designee; and
(4) Provide proof that the applicant
				possesses, or has unrestricted access to, the necessary tools and equipment to
				engage in all aspects of the business of water well contracting;
(5) Provide evidence of at least three (3)
				years qualifying experience, i.e. experience in on-site supervision and being
				in responsible charge of all aspects of water well and borehole construction
				gained while working under the personal supervision of a water well contractor
				holding an unrestricted license, or its equivalent; and
(6) If not previously licensed by the state,
				provide notarized affidavits, as required by statute, from three (3) licensed
				water well contractors certifying that the applicant has the necessary
				qualifications and experience to meet the states licensing standards at the
				level for which he is applying.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 7 - Surface Water and Groundwater Use and Protection, Licensing of Water Well Contractors and Dam Safety Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Licensing of Water Well Contractors Regulations › Rule 11-7-2.4 - Examination

Current through June 25, 2024
A. A license applicant shall be required to
				take such examinations as may be prescribed by MDEQ. Examinations will normally
				be administered to test:
(1) general knowledge
				of groundwater resources and wells,
(2) specialized knowledge in equipment,
				techniques, and practices appropriate to the license being sought,
				and
(3) specific knowledge of state
				laws, regulations, and construction standards.
Upon receipt of a completed application form and supporting
				  documentation as set forth in Rule
				  2.3, MDEQ will contact the applicant to
				  schedule the examinations. At that time, MDEQ will advise the applicant as to
				  the types of examinations that will be administered, the general content of the
				  examinations, and the availability of study materials.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 7 - Surface Water and Groundwater Use and Protection, Licensing of Water Well Contractors and Dam Safety Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Licensing of Water Well Contractors Regulations › Rule 11-7-2.5 - Fees

Current through June 25, 2024
A.
License Fee
- Upon
				passing the examination, the annual license fee of one hundred dollars
				($100.00) must be paid before the license will be issued. The fee must be paid
				by check, money order, or electronic payment directed to MDEQ. Do not send
				cash.
B.
Renewal
				Fee
- An annual renewal fee of one hundred dollars ($100.00) must
				be paid to MDEQ with the request for renewal of a license.
C.
Late Fees
- A late
				fee of ten dollars ($10.00) per month, or any fraction thereof, will be
				assessed for renewal or reinstatement requests received after the expiration
				date of the last valid license.
Miss. Code Ann.
				  §§
										51-3-1,
				  et seq., 51-5-1, et seq.; 49-2-1, et seq. and 49-17-1, et
				  seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 7 - Surface Water and Groundwater Use and Protection, Licensing of Water Well Contractors and Dam Safety Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Licensing of Water Well Contractors Regulations › Rule 11-7-2.6 - License Renewal

Current through June 25, 2024
A. All licenses
				expire on June 30 and must be renewed annually. The licensee shall submit a
				completed renewal request form, provided by MDEQ, along with the appropriate
				fee to MDEQ prior to June 30. Re-examination is not required for timely renewal
				of a license.
B. Receipt of the
				renewal form and fee by MDEQ prior to June 30 shall have the effect of
				extending the old license until the new license and ID is issued, or until the
				applicant is notified that the request for renewal has been denied. If the
				request for renewal is not properly filed by June 30, the license will expire
				and the licensee shall cease all work for which a valid license is required
				until such time as the license has been reinstated.
C. A licensee may request that an expired
				license be re-instated by submitting to MDEQ the required renewal form and
				paying the appropriate fee plus accumulated late fees. Failure to request
				re-instatement within one (1) year after the expiration date may be deemed a
				forfeiture of the reinstatement option. Any request for reinstatement submitted
				thereafter may require submittal of a new application and be subject to the
				examination requirement.
D.
				Restricted licensees requesting renewal must submit a written certification
				that they will continue to work only in accordance with the conditions of the
				restricted license.
E. A completed
				continuing education form, provided by MDEQ, shall be submitted with the
				renewal form to MDEQ.
Miss. Code Ann.
				  §§
										51-3-1,
				  et seq., 51-5-1, et seq., 49-2-1, et seq. and 49-17-1, et seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 7 - Surface Water and Groundwater Use and Protection, Licensing of Water Well Contractors and Dam Safety Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Licensing of Water Well Contractors Regulations › Rule 11-7-2.7 - Continuing Education

Current through June 25, 2024
A. All licensees
				are required to complete a minimum of four (4) hours of continuing education
				annually and submit proof as required by MDEQ. Every two (2) years, one (1) of
				the hours of continuing education must be on state rules and regulations as
				presented by MDEQ.
B. A licensee
				may be exempted from the continuing education requirements one of the following
				reasons:
(1) New licensees who have obtained
				their license less than one (1) year before the June
				30th renewal deadline.
(2) Licensees who have experienced physical
				disability, serious illness, or other extenuating circumstances that prevent
				work for more than 180 days in a year. Supporting documentation must be
				furnished to MDEQ upon request.
(3)
				Licensees serving on temporary active duty in the armed forces of the United
				States for a period of time exceeding 180 days in a year. Supporting
				documentation must be furnished to MDEQ upon request.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 7 - Surface Water and Groundwater Use and Protection, Licensing of Water Well Contractors and Dam Safety Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Licensing of Water Well Contractors Regulations › Rule 11-7-2.8 - Equipment

Current through June 25, 2024
All drilling rigs, water trucks, service vehicles and other
				  vehicles used in the normal drilling, construction, completion, or reworking of
				  wells and boreholes, and/or the installation of pumping equipment must have the
				  name of the licensee (person, firm, or corporation), and the letters "MS Lic."
				  with the appropriate license number prominently and legibly displayed on both
				  sides of the vehicle. The letters and numerals shall be not less than two (2)
				  inches in height and be placed on a background of contrasting color. Drill rigs
				  shall be registered with MDEQ, for identification purpose only, by completing
				  and submitting forms provided by MDEQ for that purpose.
Miss. Code Ann.
				  §§
										51-3-1,
				  et seq.; 51-5-1, et seq.; 49-2-1, et seq. and 49-17-1, et
				  seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 7 - Surface Water and Groundwater Use and Protection, Licensing of Water Well Contractors and Dam Safety Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Licensing of Water Well Contractors Regulations › Rule 11-7-2.10 - Suspension/Revocation of License

Current through June 25, 2024
Grounds for the suspension or revocation of a license are as
				  follows:
A. Providing false information
				in an application for a license or any affidavit required in the licensing
				process;
B. Violating any provision
				of Miss. Code Ann. Sections
				51-5-1,
et seq
., or this regulation;
C. Attempting to obtain a license by fraud or
				misrepresentation;
D. Participating
				in fraudulent, deceptive, or dishonest business practices;
E. Demonstrated incompetency as a driller
				and/or pump installer;
F. Failure
				or refusal to file accurate and timely reports as required by this regulation;
				or
G. Failure to obey Orders, Rules
				and Regulations of the Commission, including refusal to accept or receive
				official correspondence from the Commission or its designee.
Miss. Code Ann.
				  §§
										51-3-1,
				  et seq., 51-5-1, et seq.,49-2-1, et seq. and 49-17-1, et
				  seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 7 - Surface Water and Groundwater Use and Protection, Licensing of Water Well Contractors and Dam Safety Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Licensing of Water Well Contractors Regulations › Rule 11-7-2.11 - Hearings and Appeals

Current through June 25, 2024
Procedures for hearings and appeals of Commission decisions
				  are set forth in Miss. Code Annotated, Sections
				  51-5-7
				  and
				  51-5-9.
Miss. Code Ann.
				  §§
										51-3-1,
				  et seq., 51-5-1, et seq., 49-2-1, et seq. and 49-17-1, et
				  seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 7 - Surface Water and Groundwater Use and Protection, Licensing of Water Well Contractors and Dam Safety Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Licensing of Water Well Contractors Regulations › Rule 11-7-2.13 - Maintenance and Service Criteria for Public Water Wells

Current through June 25, 2024
A.
General
Installation of pumps and well equipment shall be in accordance with the
				manufacturer's recommendation and this regulation. All pumps and well equipment
				shall be designed and installed so as to prevent contamination of the well.
(1)
Licensing
Pump
				installation shall be performed either by a Water Well Contractor holding an
				unrestricted license or by a restricted licensee who specializes in pump
				installation and well service.
(2)
Location of pressure tanks and switches
Pressure tanks
				and switches located above ground shall be on a concrete slab or preformed pad
				or blocks. Tanks and switches installed below grade shall be in a concrete pit
				or basement designed to be adequately drained, unless approved for direct
				burial. A pressure tank may be buried provided the tank is designed for that
				type installation. Tanks to be installed inside the bore of a water well must
				be designed for that purpose and approved by the Commission.
(3)
Temporary seal
If the pump and well equipment are not installed immediately upon completion of
				drilling, all openings to the well must be closed to prevent pollution or
				vandalism. After pump installation, all open spaces must be sealed off to
				prevent contamination of the ground water.
(4)
Drop pipe, wire,
				etc
. All drop pipe, wire, pumps, and other pumping equipment to be
				installed in the well shall either be new or be disinfected with a solution of
				at least 50 mg/l free chlorine; and it shall be installed in such a manner as
				to permit removal and repair of all equipment. If equipment or tools are lost
				in the well and not recovered, a statement describing the item or items lost
				shall be attached to the well completion report submitted to MDEQ.
(5)
Prevention of
				contamination
Pumping equipment shall be installed in such a
				manner as to prevent the entrance of contamination into the ground water.
				Discharge pipes shall be fitted with devices which will prevent the entrance of
				small animals.
(6)
Check valves
Pumping equipment installed and used in
				conjunction with Chemigation, which is the practice of injecting agricultural
				chemicals into irrigation lines in order to mix and distribute the chemicals
				with the water flowing through the irrigation system, shall have either two
				check valves, or other means of backflow prevention as may be approved by MDEQ,
				installed between the well head and the point of introduction of any
				chemicals.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 7 - Surface Water and Groundwater Use and Protection, Licensing of Water Well Contractors and Dam Safety Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Licensing of Water Well Contractors Regulations › Rule 11-7-2.14 - Decommissioning of Abandoned or Unused Water Wells and Boreholes

Current through June 25, 2024
A.
Applicability
(1) Except as stated in paragraph B. below,
				the standards for decommissioning abandoned or unused water wells and boreholes
				apply to all abandoned water wells and to all boreholes that penetrate water
				bearing strata or are greater than twenty-five (25) feet in depth including
				potable water wells, agricultural wells, monitoring wells, observation wells,
				dewatering wells, relief wells, saline or brackish water withdrawal wells,
				contaminant recovery wells, heat pump water supply wells and closed loop system
				holes, industrial supply wells, rig supply wells, geotechnical boreholes,
				cathodic protection wells and pilot boreholes.
(2) All wells and boreholes that penetrate
				water bearing stratum with a depth of 25 feet, or greater, below land surface
				must properly be decommissioned by a water well contractor licensed by MDEQ.
				Water wells less than 25 feet in depth below land surface may be plugged by
				someone other than a licensed water well contractor. However, the same
				procedures and reporting requirements apply regardless of who plugs the
				well.
(3) If approved and accepted
				in writing by MDEQ, properly cased and sealed wells may be provided with a
				locking cover capable of preventing the entrance of contaminants and used as
				monitoring wells or observation wells in lieu of abandonment. If the use of an
				observation or monitoring well is later discontinued by MDEQ, the
				landowner/permittee shall be responsible for having the well properly
				decommissioned by a licensed water well contractor.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 7 - Surface Water and Groundwater Use and Protection, Licensing of Water Well Contractors and Dam Safety Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Licensing of Water Well Contractors Regulations › Rule 11-7-2.15 - Enforcement

Current through June 25, 2024
Enforcement of these regulations shall be governed by Miss.
				  Code Ann. Sections
				  51-5-7
				  and
				  51-5-17, and
				  Sections
				  49-17-31
				  through
				  49-17-43.
Miss. Code Ann.
				  §§
										51-3-1,
				  et seq., 51-5-1, et seq., 49-2-1, et seq. and 49-17-1, et
				  seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 7 - Surface Water and Groundwater Use and Protection, Licensing of Water Well Contractors and Dam Safety Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Licensing of Water Well Contractors Regulations › Rule 11-7-2.16 - Correspondence and Adequacy of Notice

Current through June 25, 2024
A.
General
- All permittees and licensees shall inform
				MDEQ of any address changes within fifteen (15) days of any change of address,
				and must readily accept all mail sent to them from the Commission, MDEQ, or the
				Permit Board.
B.
Registered or certified mail
- Registered or Certified
				Mail sent with proper postage and to the last address provided to MDEQ by the
				permittee or licensee shall be considered adequate notification of notice
				served if MDEQ is notified that the mail was delivered and accepted or if the
				mail is returned as rejected or unclaimed by the addressee.
C.
Refusal to accept
				mail
- Refusal to accept mail from the Commission, the Permit
				Board, the Department, or its designee, shall be considered a violation of this
				regulation.
Miss. Code Ann.
				  §§
										51-3-1,
				  et seq., 51-5-1, et seq., 49-2-1, et seq. and 49-17-1, et
				  seq.