reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 20 - Bureau of Public Water Supply › Subpart 72 - Public Water Supply › Chapter 3 - REGULATION GOVERNING FLUORIDATION OF COMMUNITY WATER SUPPLIES › Subchapter 1 - GENERAL PROVISIONS › Rule 15-20-72-3.1.2 - Definitions

Current through June 25, 2024
1.
Adjusted fluoridated water
					 system
shall mean a public water system that adjusts the fluoride
					 concentration in the drinking water to the optimal level for consumption
					 (within the recommended control range).
2.
Community Water System (CWS)
shall mean any water system serving piped water for human consumption to
					 fifteen (15) or more individual service connections used year-round by
					 consumers or regularly serving twenty-five (25) or more individual consumers
					 year-round, including, but not limited to, any collection, pretreatment,
					 treatment, storage and/or distribution facilities or equipment used primarily
					 as part of, or in connection with such system, regardless of whether or not
					 such components are under the ownership or control of the operator of such
					 system.
3.
Department
shall mean the Mississippi State Department of Health.
4.
Entry point
shall mean a
					 location following one or more finished (fluoridated) water sampling points but
					 prior to the beginning of the distribution system of the public water system.
5.
Natural fluoride
					 content
shall mean the concentration of fluoride in milligrams per liter
					 (mg/L) that is present in the water source from naturally occurring fluoride
					 sources.
6.
Optimal fluoride
					 level
in Mississippi shall mean the amount of fluoride in water that is
					 found naturally or adjusted should be within a recommended control range of
					 0.6-1.2 parts per million fluoride (ppm) with the optimal fluoride level being
					 0.7 ppm.
7.
Parts per
					 million
shall mean a unit of measurement that is equivalent to 1
					 milligram per liter (mg/L) where the density of the liquid measured is 1.0 gram
					 per cubic centimeter (the density of water is 1.0).
8.
Public water system (CWS)
means a system for the provision to the public of water for human consumption
					 through pipes or, after August 5, 1998, other constructed conveyances, if such
					 system has at least fifteen service connections or regularly serves an average
					 of at least twenty-five individuals daily at least 60 days out of the year.
9.
Raw water
is
					 defined as water that has not been treated or had fluoride injected into it by
					 the CWS and that contains only naturally occurring levels of fluoride.
Miss. Code Ann.
						§
												41-26-6
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 20 - Bureau of Public Water Supply › Subpart 72 - Public Water Supply › Chapter 3 - REGULATION GOVERNING FLUORIDATION OF COMMUNITY WATER SUPPLIES › Subchapter 2 - ADJUSTED FLUORIDATED WATER SYSTEM REQUIREMENTS › Rule 15-20-72-3.2.1 - Testing

Current through June 25, 2024
A minimum number of samples shall be collected by
						designated CWS personnel based on the water supply's classification on
						different days each week at all entry points and analyzed for fluoride content.
						At least once each month at each entry point, designated CWS personnel shall
						divide (split) one sample (hereinafter referred to as the split sample) and
						have one portion analyzed for fluoride by designated CWS personnel and the
						other portion analyzed by the Department's laboratory or a private lab
						certified by the Department for fluoride testing.
Miss. Code Ann.
						§
												41-26-6
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 20 - Bureau of Public Water Supply › Subpart 72 - Public Water Supply › Chapter 3 - REGULATION GOVERNING FLUORIDATION OF COMMUNITY WATER SUPPLIES › Subchapter 2 - ADJUSTED FLUORIDATED WATER SYSTEM REQUIREMENTS › Rule 15-20-72-3.2.2 - Verification

Current through June 25, 2024
Designated CWS personnel shall use water sample fluoride
						content results to compare with a calculated fluoride dosage to verify
						fluoridation program operation. The calculated dosage is defined as the
						calculated amount of fluoride that has been added to a water system. The
						calculation is based on the total amount of fluoride (weight) that was added to
						the water system and the total amount of water (volume) that was produced plus
						the naturally occurring fluoride at the source.
Miss. Code Ann.
						§
												41-26-6
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 20 - Bureau of Public Water Supply › Subpart 72 - Public Water Supply › Chapter 3 - REGULATION GOVERNING FLUORIDATION OF COMMUNITY WATER SUPPLIES › Subchapter 3 - Optimal Fluoridation Requirements › Rule 15-20-72-3.3.1 - Monitoring

Current through June 25, 2024
1. The monthly average fluoride content of
					 all water samples requested in Rule 3.2.1 shall have fluoride content within
					 the optimal fluoride control range defined in Rule 3.1.2.
2. The designated CWS personnel shall collect
					 no less than no less than 13 water samples per month from each entry point for
					 analysis for fluoride from each entry point for analysis for fluoride and at
					 least 90¢ of collected samples shall have fluoride content within the
					 optimal fluoride control range defined in Rule 3.1.2. Results from that
					 analysis shall be recorded in the public water system's Operations Record.
3. The split sample result
					 determined through analysis by designated CWS personnel shall agree with the
					 result analyzed by the Department within a range of +/- 0.2 ppm in at least
					 nine of 12 months during the calendar year.
4. Designated CWS personnel shall submit a
					 report of the results of required water sample testing each month to the
					 Department and shall include the type of fluoride chemical used.
Miss. Code Ann.
						§
												41-26-6
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 20 - Bureau of Public Water Supply › Subpart 72 - Public Water Supply › Chapter 3 - REGULATION GOVERNING FLUORIDATION OF COMMUNITY WATER SUPPLIES › Subchapter 3 - Optimal Fluoridation Requirements › Rule 15-20-72-3.3.2 - Quality Assurance

Current through June 25, 2024
1. MSDH Bureau of
					 Water Supply will assess each system's compliance with this policy on a monthly
					 basis and send letters to the Responsible Official and Operator if the system
					 is not compliant.
2. MSDH will
					 prepare a compliance progress report on a monthly basis that will be made
					 available to interested parties.
3.
					 Each CWS that complies with the optimal fluoridation requirements during the
					 calendar year to the satisfaction of the Department shall be recognized by the
					 Department pursuant to its health promotion policies and guidelines.
Miss. Code Ann.
						§
												41-26-6
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 20 - Bureau of Public Water Supply › Subpart 72 - Public Water Supply › Chapter 3 - REGULATION GOVERNING FLUORIDATION OF COMMUNITY WATER SUPPLIES › Subchapter 4 - Compliance › Rule 15-20-72-3.4.1 - Compliance

Current through June 25, 2024
1. CWS that fluoridate shall list in the
					 Consumer Confidence Report the number of months in the previous calendar year
					 that average sample results from a certified laboratory were within the optimal
					 range.
2. Each CWS that fluoridates
					 shall list in the Consumer Confidence Report the percentage of all samples
					 collected in the previous calendar year that sample results were within the
					 optimal range.
Miss. Code Ann.
						§
												41-26-6
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 20 - Bureau of Public Water Supply › Subpart 72 - Public Water Supply › Chapter 3 - REGULATION GOVERNING FLUORIDATION OF COMMUNITY WATER SUPPLIES › Subchapter 5 - AUTHORITY TO REQUEST RAW WATER SAMPLE › Rule 15-20-72-3.5.1 - Verification

Current through June 25, 2024
The Department shall have the authority to request
						samples of the CWS raw water source seasonally for fluoride content analysis at
						the Department's laboratory.
Miss. Code Ann.
						§
												41-26-6
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 20 - Bureau of Public Water Supply › Subpart 72 - Public Water Supply › Chapter 4 - REGULATION GOVERNING DRINKING WATER QUALITY ANALYSIS FUND › Subchapter 1 - General Provisions › Rule 15-20-72-4.1.1 - Legal Authority

Current through June 25, 2024
This regulation has been promulgated under the authority
						of and pursuant to the Mississippi Safe Drinking Water Act of 1997 (Section
						41-26-1
						through Section
						41-26-101,
						Mississippi Code of 1972, Annotated).
Miss. Code Ann.
						§
												41-26-23
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 20 - Bureau of Public Water Supply › Subpart 72 - Public Water Supply › Chapter 4 - REGULATION GOVERNING DRINKING WATER QUALITY ANALYSIS FUND › Subchapter 2 - Assessment and Collection of Fees › Rule 15-20-72-4.2.1 - Fees

Current through June 25, 2024
The department annually shall assess and collect fees
						for water quality analysis and related activities as required by the federal
						Safe Drinking Water Act, as amended, which shall not exceed the amount
						authorized by the Mississippi State Legislature and approved by the State Board
						of Health per connection or Forty Thousand Dollars ($40,000.00) per system,
						whichever is less. The department annually shall adopt by rule, in accordance
						with the Administrative Procedures Law and following a public hearing, a fee
						schedule to cover all reasonable direct and indirect costs of water quality
						analysis and related activities as required by the federal Safe Drinking Water
						Act, as amended. In adopting a fee schedule, the department shall consider the
						recommendations of the advisory committee created in this section, if those
						recommendations are made in a timely manner as provided.
Miss. Code Ann.
						§
												41-26-23
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 20 - Bureau of Public Water Supply › Subpart 72 - Public Water Supply › Chapter 4 - REGULATION GOVERNING DRINKING WATER QUALITY ANALYSIS FUND › Subchapter 2 - Assessment and Collection of Fees › Rule 15-20-72-4.2.2 - Advisory Committee

Current through June 25, 2024
An advisory committee is created to study the program
						needs and costs for the implementation of the water quality analysis program
						and to conduct an annual review of the needs and costs of administering that
						program. The annual review shall include an independent recommendation on an
						equitable fee schedule for the succeeding fiscal year. Each annual review
						report shall be due to the department by May 1. The advisory committee shall
						consist of one (1) member appointed by the Mississippi Rural Water Association,
						one (1) member appointed by the Mississippi Municipal Association, one (1)
						member appointed by the Mississippi Association of Supervisors and one (1)
						member appointed by the Mississippi Water and Pollution Control Operators
						Association, Inc.
Miss. Code Ann.
						§
												41-26-23
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 20 - Bureau of Public Water Supply › Subpart 72 - Public Water Supply › Chapter 4 - REGULATION GOVERNING DRINKING WATER QUALITY ANALYSIS FUND › Subchapter 2 - Assessment and Collection of Fees › Rule 15-20-72-4.2.3 - Payments and Penalties

Current through June 25, 2024
All suppliers of water for which water quality analysis
						and related activities as required by the federal Safe Drinking Water Act, as
						amended, are performed by the State Department of Health shall pay the water
						quality analysis fee within forty-five (45) days following receipt of an
						invoice from the department. In the discretion of the department, any supplier
						of water required to pay the fee shall be liable for a penalty equal to a
						maximum of two (2) times the amount of fees due and payable plus an amount
						necessary to reimburse the costs of delinquent fee collection for failure to
						pay the fee within ninety (90) days following the receipt of the invoice. Any
						person making sales to customers of water for residential, noncommercial or
						nonagricultural use and who recovers the fee required by this section or any
						portion thereof from any customer shall indicate on each statement rendered to
						customers that these fees are for water quality analyses required by the
						federal government under the Safe Drinking Water Act, as
						amended.
Miss. Code Ann.
						§
												41-26-23
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 20 - Bureau of Public Water Supply › Subpart 72 - Public Water Supply › Chapter 5 - REGULATIONS GOVERNING AMERICAN RESCUE PLAN ACT RURAL WATER ASSOCIATIONS INFRASTRUCTURE GRANT PROGRAM › Subchapter 1 - General Provisions › Rule 15-20-72-5.1.1 - Legal Authority

Current through June 25, 2024
These regulations are adopted pursuant to House Bill 1421
						of the Mississippi Legislature's 2022 Regular Session and SB 2444 of the
						Mississippi Legislature's 2023 Regular Session shall govern the American Rescue
						Plan Act Rural Water Associations Infrastructure Grant (ARPA RWAIG) Program.
						These regulations may be superseded by the grant agreement when a variance or
						exception is made by the Board of Health (Board) and when not in conflict with
						any state or federal laws or executive orders.
House Bill 1421,
						2022 Regular Session and Senate Bill 2444, 2023 Regular Session of the MS
						Legislature
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 20 - Bureau of Public Water Supply › Subpart 72 - Public Water Supply › Chapter 5 - REGULATIONS GOVERNING AMERICAN RESCUE PLAN ACT RURAL WATER ASSOCIATIONS INFRASTRUCTURE GRANT PROGRAM › Subchapter 2 - Program Requirements › Rule 15-20-72-5.2.1 - Eligible Applicant Determination and Sub-Grant Agreement

Current through June 25, 2024
1.
Eligible Applicant
					 Determination
. To be eligible for financial assistance, an applicant
					 shall meet the definition of an eligible applicant as described in Rule
					 5.1.3. of these regulations, as
					 determined by the Department.
2.
Sub-Grant Agreement
. Eligible Recipients will be required to
					 execute a sub-grant agreement with the Department and certify that the
					 reimbursement for a rural water association drinking water infrastructure
					 project is for allowable expenditures under the American Rescue Plan Act (ARPA)
					 of 2021, Public Law
					 117-2, which amends Title VI of the Social
					 Security Act; and its implementing guidelines, guidance, rules, regulations
					 and/or other criteria, as may be amended or supplemented from time to time, by
					 the United States Department of the Treasury.
House Bill 1421,
						2022 Regular Session & Senate Bill 2444, 2023 Regular Session of the MS
						Legislature
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 20 - Bureau of Public Water Supply › Subpart 72 - Public Water Supply › Chapter 5 - REGULATIONS GOVERNING AMERICAN RESCUE PLAN ACT RURAL WATER ASSOCIATIONS INFRASTRUCTURE GRANT PROGRAM › Subchapter 2 - Program Requirements › Rule 15-20-72-5.2.2 - Obligation Period

Current through June 25, 2024
Funds allotted to the Program will be available for
						obligation for the period of July 1, 2022, to December 31, 2024, or as
						otherwise established by Sub-Grant Agreement, State or federal
						law.
House Bill 1421,
						2022 Regular Session & Senate Bill 2444, 2023 Regular Session of the MS
						Legislature
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 20 - Bureau of Public Water Supply › Subpart 72 - Public Water Supply › Chapter 5 - REGULATIONS GOVERNING AMERICAN RESCUE PLAN ACT RURAL WATER ASSOCIATIONS INFRASTRUCTURE GRANT PROGRAM › Subchapter 2 - Program Requirements › Rule 15-20-72-5.2.3 - Reserves

Current through June 25, 2024
Up to five percent of the State's ARPA Rural Water
						Associations Infrastructure Grant Funds will be reserved for the administration
						of the program consistent with the Act and state law.
House Bill 1421,
						2022 Regular Session
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 20 - Bureau of Public Water Supply › Subpart 72 - Public Water Supply › Chapter 5 - REGULATIONS GOVERNING AMERICAN RESCUE PLAN ACT RURAL WATER ASSOCIATIONS INFRASTRUCTURE GRANT PROGRAM › Subchapter 2 - Program Requirements › Rule 15-20-72-5.2.4 - ARPA RWAIG Uses

Current through June 25, 2024
The ARPA RWAIG funds may be used for the following
						purposes:
1. To make grants for
					 eligible infrastructure improvements on the conditions that the recipient of a
					 grant shall establish a plan for asset management;
2. For the reasonable costs of administering
					 the ARPA RWAIG program and conducting activities under this Act, subject to any
					 limitations established in the state or federal law; and,
3. For other uses as allowed under the
					 ARPA
House Bill 1421,
						2022 Regular Session & Senate Bill 2444, 2023 Regular Session of the MS
						Legislature
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 20 - Bureau of Public Water Supply › Subpart 72 - Public Water Supply › Chapter 5 - REGULATIONS GOVERNING AMERICAN RESCUE PLAN ACT RURAL WATER ASSOCIATIONS INFRASTRUCTURE GRANT PROGRAM › Subchapter 2 - Program Requirements › Rule 15-20-72-5.2.5 - Federal Requirements

Current through June 25, 2024
All projects which receive grant assistance from the ARPA
						RWAIG fund shall meet the requirements of the Final Rule for the Coronavirus
						State and Local Fiscal Recovery Funds as established by the federal American
						Rescue Plan Act (ARPA).
House Bill 1421,
						2022 Regular Session
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 20 - Bureau of Public Water Supply › Subpart 72 - Public Water Supply › Chapter 5 - REGULATIONS GOVERNING AMERICAN RESCUE PLAN ACT RURAL WATER ASSOCIATIONS INFRASTRUCTURE GRANT PROGRAM › Subchapter 2 - Program Requirements › Rule 15-20-72-5.2.6 - Grant Award Cycles

Current through June 25, 2024
The Department will prepare a schedule for award cycles
						to make awards to projects eligible and ready to begin construction. In the
						first fiscal year after the effective date of the Act, twenty percent (20%) of
						the funds appropriated to the Department for the program shall be obligated to
						projects that have completed plans and specifications, acquired all necessary
						land and/or easements, and are ready to proceed to construction. Award Cycles
						shall be created at the Departments discretion until such time that all funds
						are obligated but not to exceed December 31, 2024. Awards occurring during the
						award cycle will be a product of an applicants' eligibility, the proposed
						projects eligibility, and the projects ranking score produced by the Program's
						Application Ranking System.
House Bill 1421,
						2022 Regular Session
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 20 - Bureau of Public Water Supply › Subpart 72 - Public Water Supply › Chapter 5 - REGULATIONS GOVERNING AMERICAN RESCUE PLAN ACT RURAL WATER ASSOCIATIONS INFRASTRUCTURE GRANT PROGRAM › Subchapter 2 - Program Requirements › Rule 15-20-72-5.2.8 - ARPA RWAIG Financing

Current through June 25, 2024
The ARPA RWAIG fund has been established to provide
						grants to assist and encourage rural water associations to pursue projects to
						address drinking water system infrastructure needs. Conditions of these Grants
						are itemized in Rule 5.2.4 of these
						regulations. Basic ARPA RWAIG financing requirements are as follows:
1. ARPA RWAI grants may be limited at the
					 discretion of the Department based on funds availability or as otherwise stated
					 under state law.
2. For the first
					 round, the maximum amount of funds that may be provided to any rural water
					 association from all grants under the program is Two Million Five Hundred
					 Thousand Dollars ($2,500,000.00). For the second round, the maximum amount of
					 funds that may be provided to any rural water association from all grants under
					 the program is Two Million Dollars ($2,000,000.00).
3. The applicant's project shall be able to
					 initiate construction in a timely manner and complete the proposed project by
					 the deadline specified by rules and guidelines of the United States Department
					 of the Treasury for ARPA funds and set forth in House Bill 1421 of the
					 Mississippi Legislature's 2022 Regular Session.
4. Terms of any ARPA RWAIG assistance will be
					 as established in the Grant agreement.
5. The applicant shall comply with the
					 requirements of the ARPA and all applicable state and federal laws,
					 requirements, and regulations.
6.
					 The applicant shall not be in violation of any provision of a previously
					 awarded grant of state or federal funds.
7. The applicant shall comply with any
					 technical assistance recommendations provided by the Department.
8. Except for program administration
					 expenses, funds will not be disbursed from the ARPA RWAIG until a Grant
					 recipient has entered into a Grant agreement with the Board.
House Bill 1421,
						2022 Regular Session & Senate Bill 2444, 2023 Regular Session of the MS
						Legislature
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 20 - Bureau of Public Water Supply › Subpart 72 - Public Water Supply › Chapter 5 - REGULATIONS GOVERNING AMERICAN RESCUE PLAN ACT RURAL WATER ASSOCIATIONS INFRASTRUCTURE GRANT PROGRAM › Subchapter 2 - Program Requirements › Rule 15-20-72-5.2.9 - Responsibility

Current through June 25, 2024
The applicant/Grant recipient is responsible for the
						proper planning, design, construction, operation, maintenance, replacement,
						performance, and fiscal integrity of the project. The Department's approval of
						any document does not relieve the applicant/Grant recipient or any others of
						any liabilities or responsibilities. Department approval of any document is for
						Grant eligibility/allowability purposes only and does not establish or transfer
						any such liability or responsibility.
House Bill 1421,
						2022 Regular Session
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 20 - Bureau of Public Water Supply › Subpart 72 - Public Water Supply › Chapter 5 - REGULATIONS GOVERNING AMERICAN RESCUE PLAN ACT RURAL WATER ASSOCIATIONS INFRASTRUCTURE GRANT PROGRAM › Subchapter 2 - Program Requirements › Rule 15-20-72-5.2.10 - Other Approvals

Current through June 25, 2024
The applicant (or Grant recipient) shall obtain approval
						of all necessary documents from each state, local, and federal agency having
						jurisdiction over or funding in the project, if so required by that
						agency.
House Bill 1421,
						2022 Regular Session
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 20 - Bureau of Public Water Supply › Subpart 72 - Public Water Supply › Chapter 5 - REGULATIONS GOVERNING AMERICAN RESCUE PLAN ACT RURAL WATER ASSOCIATIONS INFRASTRUCTURE GRANT PROGRAM › Subchapter 3 - Project Requirements › Rule 15-20-72-5.3.1 - Application for ARPA RWAI Grant

Current through June 25, 2024
1.
Pre-application Guidance and Conference
.
Upon request the Department will provide a Grant
						application package to the potential Grant applicant and/or its licensed
						engineer. The potential Grant applicant and/or its licensed engineer may
						request a pre- application conference with the Department as early in the
						application process as practical.
2.
Contents of Applications
All documents listed below shall be complete when
						submitted to the Department.
When forms are provided by the Department, these forms
						shall be used, and they shall not be altered. The ARPA RWAI Grant application
						may request assistance only for costs that are allowable in accordance with
						Subchapter 4 of these regulations and may include a construction contingency,
						as determined by the Department, in the project budget. The application shall
						include a Project Cost Breakdown. A complete application package shall conform
						to these regulations and shall include the following:
A. A complete ARPA RWAI Grant application
					 form with original signature with associated attachments.
B. A procurement certification from the Grant
					 applicant and the Grant applicant's legal counsel.
C. A legal certification from the Grant
					 applicant and the Grant applicant's legal counsel.
D. A certified copy of a resolution by the
					 Grant applicant's governing body which, 1) authorizes the submission of the
					 application and 2) designates an authorized representative or officer to make
					 application for assistance and to sign documents on behalf of the
					 applicant.
E. A certification
					 regarding debarment, suspension, in accordance with Subchapter 7 Rule
					 5.7.2 of these
					 regulations.
F. Documentation of
					 its tax-exempt status under either federal or state law.
G. An Internal Revenue Service Form
					 W-9.
H. All waste disposal permit
					 applications, if applicable.
I. All
					 other forms, documents, and supporting information required by the
					 Department.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 20 - Bureau of Public Water Supply › Subpart 72 - Public Water Supply › Chapter 5 - REGULATIONS GOVERNING AMERICAN RESCUE PLAN ACT RURAL WATER ASSOCIATIONS INFRASTRUCTURE GRANT PROGRAM › Subchapter 3 - Project Requirements › Rule 15-20-72-5.3.2 - Submission of Application

Current through June 25, 2024
By the date specified on the MSDH website the applicant
						shall submit the application to the Department to be considered for the award
						cycle. Award cycles will be quarterly until allocated funding has been fully
						obligated or the legislative deadline of December 31, 2024, has been
						reached.
House Bill 1421,
						2022 Regular Session & Senate Bill 2444, 2023 Regular Session of the MS
						Legislature
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 20 - Bureau of Public Water Supply › Subpart 72 - Public Water Supply › Chapter 5 - REGULATIONS GOVERNING AMERICAN RESCUE PLAN ACT RURAL WATER ASSOCIATIONS INFRASTRUCTURE GRANT PROGRAM › Subchapter 3 - Project Requirements › Rule 15-20-72-5.3.3 - Offer of ARPA RWAI Grant

Current through June 25, 2024
Upon determination by the Department that (a) all
						applicable requirements of the ARPA RWAI Grant application have been met, (b)
						the application deadlines have been met for the award cycle, and (c) funds are
						available for the amount of the ARPA RWAI Grant application, the State Health
						Officer or his designee will execute and transmit an ARPA RWAI Grant offer to
						the Grant recipient. In addition to the estimated allowable project costs as
						described in Appendices A and B of these regulations, the Grant offer may
						include a construction contingency, as determined by the Department, in the
						project budget.
House Bill 1421,
						2022 Regular Session & Senate Bill 2444, 2023 Regular Session of the MS
						Legislature
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 20 - Bureau of Public Water Supply › Subpart 72 - Public Water Supply › Chapter 5 - REGULATIONS GOVERNING AMERICAN RESCUE PLAN ACT RURAL WATER ASSOCIATIONS INFRASTRUCTURE GRANT PROGRAM › Subchapter 3 - Project Requirements › Rule 15-20-72-5.3.4 - Execution of Grant Offer

Current through June 25, 2024
Upon receipt of the ARPA RWAI Grant offer, the Grant
						recipient shall execute the acceptance of the Grant offer and return it to the
						Department within the time frame established in the Grant Offer Letter. The
						Grant offer becomes void if not executed and returned within the time frame
						specified, unless extended by the State Health Officer or his designee, for
						good cause.
House Bill 1421,
						2022 Regular Session & Senate Bill 2444, 2023 Regular Session of the MS
						Legislature
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 20 - Bureau of Public Water Supply › Subpart 72 - Public Water Supply › Chapter 5 - REGULATIONS GOVERNING AMERICAN RESCUE PLAN ACT RURAL WATER ASSOCIATIONS INFRASTRUCTURE GRANT PROGRAM › Subchapter 3 - Project Requirements › Rule 15-20-72-5.3.5 - Engineering Design

Current through June 25, 2024
1.
Predesign
					 Guidance and Conference.
The Department will provide design guidance to the Grant
						applicant, or its licensed engineer as requested. The applicant/engineer may
						request a pre-design conference with the Department.
2.
General Requirements for plans,
					 specifications and contract documents.
A. Plans, specifications, and contract
					 documents shall be prepared for all appropriate elements of the project. These
					 documents shall conform to Department requirements, to these regulations, and
					 to the requirements of the most recent version of the Departmental document
					 "Recommended Minimum Design Criteria for Community Water Supplies. or their
					 successor(s). Other recognized engineering publications may be used for unit
					 processes or technologies not described therein.
B. Plans, specifications, and contract
					 documents shall also conform to such contract language, conditions, and forms
					 as may be required by the Department. The plans, specifications, and contract
					 documents shall bear the seal of the licensed engineer responsible for
					 preparation of these documents.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 20 - Bureau of Public Water Supply › Subpart 72 - Public Water Supply › Chapter 5 - REGULATIONS GOVERNING AMERICAN RESCUE PLAN ACT RURAL WATER ASSOCIATIONS INFRASTRUCTURE GRANT PROGRAM › Subchapter 3 - Project Requirements › Rule 15-20-72-5.3.6 - Submission of Plans, Specifications, Contract Documents and Related Items

Current through June 25, 2024
By the dates specified in the Grant agreement, the
						recipient shall submit the following items to the Department:
1. Complete plans, specifications, and
					 contract documents.
2. Certification
					 from Licensed Engineer of the environmental impact, either low, moderate, or
					 high of the project. If the Licensed Engineers determination is moderate or
					 high, the Licensed Engineer should complete an Environmental and
					 Intergovernmental Review as defined in Subchapter 6 and 8.
3. A copy of the issued National Pollutant
					 Discharge Elimination System (NPDES) permit or the state operating permit, if
					 required.
4. A copy of the issued
					 solid waste disposal permit, if required.
5. Written waivers from all adjoining
					 property owners when it is not possible to provide required buffer zones if the
					 project includes drinking water sludge treatment facilities.
6. For all Grant eligible real property
					 acquisitions all applicable state law must be followed. Prior to advertisement
					 for construction bids, the Grant recipient shall secure approval of the
					 purchase price by the Department, shall complete purchase of all Grant eligible
					 real property and easements, and shall submit clear title certificates from the
					 Grant recipient and title counsel for all such Grant eligible property. Clear
					 site certificates will also be required for Grant ineligible
					 property.
7. A copy of all
					 necessary interlocal agreements related to the project, if applicable. Such
					 agreements shall be executed by all appropriate parties and shall be verified
					 by the Department prior to any construction expenditures. If the project is
					 unable to be completed due to failure to execute the necessary interlocal
					 agreements, Grant Recipient shall be required to repay any funds expended for
					 the project.
House Bill 1421,
						2022 Regular Session & Senate Bill 2444, 2023 Regular Session of the MS
						Legislature
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 20 - Bureau of Public Water Supply › Subpart 72 - Public Water Supply › Chapter 5 - REGULATIONS GOVERNING AMERICAN RESCUE PLAN ACT RURAL WATER ASSOCIATIONS INFRASTRUCTURE GRANT PROGRAM › Subchapter 3 - Project Requirements › Rule 15-20-72-5.3.7 - Approval of Plans, Specifications, and Contract Documents

Current through June 25, 2024
The Department will approve the plans, specifications,
						and contract documents upon determining that these documents appear to conform
						to the requirements of these regulations and are consistent with the approved
						planning documents and environmental determinations required by these
						regulations.
House Bill 1421,
						2022 Regular Session
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 20 - Bureau of Public Water Supply › Subpart 72 - Public Water Supply › Chapter 5 - REGULATIONS GOVERNING AMERICAN RESCUE PLAN ACT RURAL WATER ASSOCIATIONS INFRASTRUCTURE GRANT PROGRAM › Subchapter 3 - Project Requirements › Rule 15-20-72-5.3.8 - Construction Bidding and Grant Amendment

Current through June 25, 2024
1.
Grant
					 Agreement Timeframe
Within the timeframe established in the Grant agreement,
						the Grant recipient shall secure Department approval of the plans,
						specifications, and contract documents.
A. For all Grant ineligible real property and
					 easements (including power and other utilities), submit clear site
					 certification forms from both the Grant recipient and the title counsel which
					 indicate that all such Grant ineligible real property and easements for the
					 entire project have been secured by clear title.
B. Secure all local funds necessary for the
					 project and submit proof of such.
C. Upon approval of PSCD, submittal of all
					 clear site certificates, and issuance of any other permits or clearances
					 required for the project, advertise the project for construction bids. All
					 procurement actions by the Grant recipient shall comply with applicable law and
					 these regulations.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 20 - Bureau of Public Water Supply › Subpart 72 - Public Water Supply › Chapter 5 - REGULATIONS GOVERNING AMERICAN RESCUE PLAN ACT RURAL WATER ASSOCIATIONS INFRASTRUCTURE GRANT PROGRAM › Subchapter 3 - Project Requirements › Rule 15-20-72-5.3.9 - Budget Modifications, Schedule Modifications, and Amended Grant Offer

Current through June 25, 2024
1.
Budget Modifications.
Grant
					 recipients can request to move funds between eligible categories in the Grant
					 Agreement by completing a budget modification. This modification will be
					 required prior to approval of reimbursement of any costs where the costs exceed
					 the available budget. The contingency fund can be spent for
construction costs only
without a budget modification, however
					 these funds should be moved to the construction category prior to the project
					 closeout. After determining that the budget modification is approvable, the
					 Department will transmit to the Grant recipient for approval of the
					 modification.
2.
Schedule
					 Modification.
To amend the schedule in the Grant Agreement, Grant
					 Recipient should submit a letter detailing the need for schedule revision.
					 After determining if the schedule modification is approvable, the Department
					 will transmit to the Grant recipient for approval of the modification. Schedule
					 modifications to construction contract should be submitted in the form of a
					 change order.
3.
Process
					 after Grant Agreement Amendment Request
If the budget and schedule modifications cannot address
						the needed changes to the Grant Agreement or if additional local funds are
						needed for the project, the Grant Recipient can submit a Grant Agreement
						Amendment Request. After receipt, review, and approval of the Grant agreement
						amendment request, the Department may prepare and transmit an amended ARPA RWAI
						Grant offer to the Grant recipient. The Grant offer will include in the project
						budget:
A. The approved as-bid amounts
					 for construction;
B. The final
					 allowance amounts for professional services in accordance with Subchapter 5 of
					 these regulations;
C.
D. A construction contingency as determined
					 by the Department; and,
E. Required
					 local funds, if any.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 20 - Bureau of Public Water Supply › Subpart 72 - Public Water Supply › Chapter 5 - REGULATIONS GOVERNING AMERICAN RESCUE PLAN ACT RURAL WATER ASSOCIATIONS INFRASTRUCTURE GRANT PROGRAM › Subchapter 3 - Project Requirements › Rule 15-20-72-5.3.10 - Awarding Construction Contracts and Preconstruction Conference

Current through June 25, 2024
Upon receipt of the approval to execute the construction
						contracts and to issue the notice to proceed, the Grant recipient shall do so
						and shall transmit a copy of the executed construction contracts and the notice
						to proceed to the Department within the time frame specified in the Grant
						agreement.
House Bill 1421,
						2022 Regular Session
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 20 - Bureau of Public Water Supply › Subpart 72 - Public Water Supply › Chapter 5 - REGULATIONS GOVERNING AMERICAN RESCUE PLAN ACT RURAL WATER ASSOCIATIONS INFRASTRUCTURE GRANT PROGRAM › Subchapter 3 - Project Requirements › Rule 15-20-72-5.3.11 - Grant Recipient Responsibility

Current through June 25, 2024
The Grant recipient will be responsible for assuring that
						every appropriate procedure and incidental legal requirement are observed in
						procurement of services, advertisement for bids, and awarding the construction
						contracts. The plans, specifications, and executed contract documents shall not
						vary from those approved by the Department.
House Bill 1421,
						2022 Regular Session & Senate Bill 2444, 2023 Regular Session of the MS
						Legislature
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 20 - Bureau of Public Water Supply › Subpart 72 - Public Water Supply › Chapter 5 - REGULATIONS GOVERNING AMERICAN RESCUE PLAN ACT RURAL WATER ASSOCIATIONS INFRASTRUCTURE GRANT PROGRAM › Subchapter 3 - Project Requirements › Rule 15-20-72-5.3.12 - Preconstruction Conference

Current through June 25, 2024
The Grant recipient may arrange and hold a
						preconstruction conference and shall allow attendance and participation by the
						Department if such is held.
House Bill 1421,
						2022 Regular Session
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 20 - Bureau of Public Water Supply › Subpart 72 - Public Water Supply › Chapter 5 - REGULATIONS GOVERNING AMERICAN RESCUE PLAN ACT RURAL WATER ASSOCIATIONS INFRASTRUCTURE GRANT PROGRAM › Subchapter 3 - Project Requirements › Rule 15-20-72-5.3.13 - Observation During Construction

Current through June 25, 2024
1.
Resident
					 Observation
During construction work being performed, the Grant
						recipient shall provide for resident observation of the project by the licensed
						engineer or his staff and shall require the licensed engineer's assurance that
						the work is being performed in a satisfactory manner in accordance with the
						Grant agreement and the approved plans, specifications, contract documents, and
						approved change orders.
2.
Department Observation
The Department is authorized to observe the building of
						any project at any time for compliance with the terms of the Grant agreement
						and to determine if the Grant recipient is assuring that plans, specifications,
						and contract documents are being followed. Such observation will not subject
						the Department to any legal action for claims, damages, or any other
						liability.
Also, such observation shall not release the contractor
						from any obligation to perform the work in accordance with the requirements of
						the contract documents or the licensed engineer from determining compliance
						with the requirements of the contract documents or the Grant recipient from
						insuring compliance with the terms of the Grant agreement.
3.
Assurance of Work
The contractor, licensed engineer, and the Grant
						recipient shall furnish the Department with every reasonable opportunity and
						means for determining whether the Grant recipient and licensed engineer are
						assuring that the work is in accordance with the requirements of the approved
						plans, specifications, and contract documents. The Department is authorized to
						observe and require submission by the Grant recipient of daily logs, full scale
						record drawings, file notes, and any other documents prepared by any party in
						relation to the ARPA RWAI funded project.
House Bill 1421,
						2022 Regular Session & Senate Bill 2444, 2023 Regular Session of the MS
						Legislature
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 20 - Bureau of Public Water Supply › Subpart 72 - Public Water Supply › Chapter 5 - REGULATIONS GOVERNING AMERICAN RESCUE PLAN ACT RURAL WATER ASSOCIATIONS INFRASTRUCTURE GRANT PROGRAM › Subchapter 3 - Project Requirements › Rule 15-20-72-5.3.14 - Observation of Materials and Equipment

Current through June 25, 2024
The Department is also authorized to observe all
						equipment and materials furnished, including observation of the preparation or
						manufacture of the equipment and materials to be used.
House Bill 1421,
						2022 Regular Session
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 20 - Bureau of Public Water Supply › Subpart 72 - Public Water Supply › Chapter 5 - REGULATIONS GOVERNING AMERICAN RESCUE PLAN ACT RURAL WATER ASSOCIATIONS INFRASTRUCTURE GRANT PROGRAM › Subchapter 3 - Project Requirements › Rule 15-20-72-5.3.15 - Construction Deficiencies

Current through June 25, 2024
Nonconformity with Plans and Specifications
.
						In the event that it appears to the Department that the Grant recipient and
						licensed engineer are not assuring that the construction work, materials,
						equipment or supplies are in conformity with approved plans and specifications
						the Department may determine such work unallowable for ARPA RWAI Grant
						participation, unless the Grant recipient takes such action, through the
						licensed engineer if applicable, in the manner provided for in the construction
						contract to correct any deficiencies.
House Bill 1421,
						2022 Regular Session & Senate Bill 2444, 2023 Regular Session of the MS
						Legislature
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 20 - Bureau of Public Water Supply › Subpart 72 - Public Water Supply › Chapter 5 - REGULATIONS GOVERNING AMERICAN RESCUE PLAN ACT RURAL WATER ASSOCIATIONS INFRASTRUCTURE GRANT PROGRAM › Subchapter 3 - Project Requirements › Rule 15-20-72-5.3.16 - Withholding of Grant Payment

Current through June 25, 2024
The Department may immediately withhold ARPA RWAI Grant
						payments for such time that it appears that the Grant recipient and licensed
						engineer are not assuring that construction work, materials, equipment, or
						supplies are in accordance with the approved plans, specifications, and
						contract documents, and may require the Grant recipient to repay any previously
						paid amounts related to such work within 30 days of such
						notification.
House Bill 1421,
						2022 Regular Session & Senate Bill 2444, 2023 Regular Session of the MS
						Legislature
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 20 - Bureau of Public Water Supply › Subpart 72 - Public Water Supply › Chapter 5 - REGULATIONS GOVERNING AMERICAN RESCUE PLAN ACT RURAL WATER ASSOCIATIONS INFRASTRUCTURE GRANT PROGRAM › Subchapter 3 - Project Requirements › Rule 15-20-72-5.3.17 - Change Orders

Current through June 25, 2024
1.
General
.
A. In the event a
					 determination is made by a Grant recipient after a construction contract is
					 executed that changes or modifications to the original contract are necessary
					 or would better serve the purpose of the Grant recipient, such Grant recipient
					 may, at its discretion, execute such change orders pertaining to the
					 construction that are necessary under the circumstances, as provided in the
					 contract documents and when in accordance with applicable law.
B. Change orders shall not change, vary, or
					 alter the basic purpose or effect of the project unless allowed by the
					 Department. Change orders shall be technically adequate, the costs shall be
					 necessary and reasonable, and eligible/ineligible costs shall be appropriately
					 separated.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 20 - Bureau of Public Water Supply › Subpart 72 - Public Water Supply › Chapter 5 - REGULATIONS GOVERNING AMERICAN RESCUE PLAN ACT RURAL WATER ASSOCIATIONS INFRASTRUCTURE GRANT PROGRAM › Subchapter 3 - Project Requirements › Rule 15-20-72-5.3.20 - Post Construction Phase

Current through June 25, 2024
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 20 - Bureau of Public Water Supply › Subpart 72 - Public Water Supply › Chapter 5 - REGULATIONS GOVERNING AMERICAN RESCUE PLAN ACT RURAL WATER ASSOCIATIONS INFRASTRUCTURE GRANT PROGRAM › Subchapter 3 - Project Requirements › Rule 15-20-72-5.3.20.1 - Audits

Current through June 25, 2024
Following final payment of ARPA RWAI Grant funds to the
						Grant recipient, or upon expiration of any deadlines established by the Grant
						agreement or the Department, the Department or other designated parties may
						perform an audit of the ARPA RWAI Grant project for the purpose of determining
						compliance with the Grant agreement and to determine final allowable costs,
						payments made to date, and any additional payments due the Grant recipient or
						repayment due the Department.
House Bill 1421,
						2022 Regular Session
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 20 - Bureau of Public Water Supply › Subpart 72 - Public Water Supply › Chapter 5 - REGULATIONS GOVERNING AMERICAN RESCUE PLAN ACT RURAL WATER ASSOCIATIONS INFRASTRUCTURE GRANT PROGRAM › Subchapter 3 - Project Requirements › Rule 15-20-72-5.3.20.2 - Final Determination of Allowable Costs and Payments

Current through June 25, 2024
Upon completion of the ARPA RWAIG audit (or if an audit
						is not performed, following final payment of ARPA RWAI Grant funds to the Grant
						recipient, or upon expiration of any deadlines established by the Grant
						agreement or the Department), the Department will transmit to the Grant
						recipient a copy of the audit report, if performed, a final determination of
						allowable costs and payments due the Grant recipient or repayments due the
						State.
House Bill 1421,
						2022 Regular Session