Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 2 - Drinking Water Systems Improvements Revolving Loan Fund Program Regulations › Chapter 1 - Introductory Provisions › Subchapter 3 - Definitions › Rule 33-2-1.3.1

Current through June 25, 2024
The following words and terms, when used in these
					 regulations, will have the following meanings, unless the context clearly
					 indicates otherwise:
1. Act - The
				  Local Governments and Rural Water Systems Improvements Revolving Loan Program
				  Act, Section
				  41-3-16,
				  Mississippi Code of 1972, as amended.
2. Allowable Costs - Those project costs that
				  are eligible, reasonable, necessary, allocable to the project, within the
				  established project scope and budget, in conformance with the DWSIRLF
				  regulations and approved by the Mississippi State Department of Health
				  (Department).
3. Authorized
				  Representative - The signatory agent of the applicant authorized and directed
				  by the applicant's governing body to make application for assistance and to
				  sign documents, on behalf of the applicant, required to undertake and complete
				  the project. The signatory agent must be a member, or an employee of the
				  applicant's governing body, and may not be under a separate contract with the
				  applicant at any time during the execution of the project.
4. Binding Commitment - A DWSIRLF loan offer,
				  as described in these regulations.
5. Board - The Local Governments and Rural
				  Water Systems Improvements Board.
6. Change Order - The documents executed by
				  the loan recipient and the construction contractor, upon recommendation of the
				  registered engineer if required by the contract documents, authorizing a
				  change, alteration, or variance in the plans, specifications, and contract
				  documents, including, but not limited to, additions or deletions of work to be
				  performed pursuant to the contract or a change in costs or time for work
				  performed pursuant to the contract.
7. Construction - Any one or more of the
				  following: erection, building, acquisition, alteration, remodeling, improvement
				  or extension of drinking water systems.
8. Department - Mississippi State Department
				  of Health and staff, and their designated representatives.
9. DWSELF - The Drinking Water Systems
				  Emergency Loan Fund.
10. DWSIRLF -
				  The Drinking Water Systems Improvements Revolving Loan Fund.
11. Eligible Applicant - A county,
				  incorporated municipality, district or other water organization that has been
				  granted tax exempt status under either federal or state law, which has the
				  authority to collect, treat, store and distribute piped water for human
				  consumption, has the authority under state law to receive DWSIRLF loan
				  assistance, and has the ability to comply with these regulations and the
				  requirements of the loan agreement.
12. Eligible Cost - Eligible costs are those
				  costs in which DWSIRLF loan participation is authorized pursuant to applicable
				  statute.
13. Financial Assistance -
				  Loans by the Board from the DWSIRLF.
14. Improvements - Making improvements to
				  drinking water systems, including construction of new drinking water systems or
				  repair of existing drinking water systems.
15. Loan Agreement - An agreement between the
				  Board and the loan recipient through which the Board provides DWSIRLF funds for
				  eligible assistance and the recipient promises to repay the principal sum and
				  interest back to the DWSIRLF over a period and at an interest rate established
				  in the loan agreement.
16. Loan
				  Applicant - A county, incorporated municipality, district, or other water
				  organization that makes application for assistance from the DWSIRLF program.
17. Loan Recipient - A county,
				  incorporated municipality, district, or other water organization that receives
				  a loan from the DWSIRLF program.
18. May - whenever used in the context of an
				  action to be taken by the loan applicant/ recipient the word will be
				  interpreted as optional but is not mandatory.
19. May Not - whenever used in the context of
				  an action by the loan applicant/recipient such action is prohibited by these
				  regulations.
20. Must - whenever
				  used in the context of an action to be taken by the loan applicant/recipient
				  the word will be interpreted as mandatory.
21. PWSS - Public Water System Supervision.
22. Plans, Specifications and
				  Contract Documents - The engineering description of the project including
				  engineering drawings, maps, technical specifications, design reports and
				  construction contract documents in sufficient detail to allow contractors to
				  bid on and construct the work.
23.
				  Priority System - The criteria established in the Board's Intended Use Plans
				  (IUP) for scheduling and ranking projects for which DWSIRLF loan assistance is
				  requested.
24. Project - The scope
				  of work for which assistance is offered under the DWSIRLF.
25. Project Completion - The date of the
				  final construction observation as performed by the Department for the purpose
				  of an allowability determination.
26. Protest - A written complaint to the loan
				  recipient 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.
27. Public Water System (PWS) - A
				  system for the provision to the public of piped water for human consumption, if
				  such a system has at least fifteen service connections or regularly serves at
				  least twenty-five individuals. This includes any collection, treatment, storage
				  and distribution facilities under the control of the operator of a PWS or used
				  primarily in connection with a PWS.
28. Rate Structure - Will have the same
				  meaning as User Charge System.
29.
				  Registered Engineer - The engineer, registered by the Mississippi State Board
				  of Registration for Professional Engineers and Land Surveyors, retained or
				  employed by the loan recipient to provide professional engineering services
				  during the planning, design, and/or construction of the project.
30. Repayment - Principal and interest
				  payments on DWSIRLF loans which must be credited directly to the DWSIRLF.
31. Revolving Fund - The Local
				  Governments and Rural Water Systems Improvements Revolving Loan Fund, created
				  pursuant to Section
				  41-3-16(2)(a),
				  Mississippi Code of 1972, as amended.
32. SDWA - The federal Safe Drinking Water
				  Act, and any subsequent amendments.
33. Unilateral Change Orders - Change Orders
				  executed only by the loan recipient and identified as such, in accordance with
				  the contract documents.
34. User
				  Charge System - The system by which the loan recipient charges users of the
				  water system rates that produce adequate revenues required for operation,
				  maintenance, replacement of major equipment, retirement of existing debt and
				  repayment of the DWSIRLF loan for the project and must identify the dedicated
				  source of funds, the basis of payment, and user charges for each user class.
35. Water System Viability
				  Analysis - A managerial, operational, financial and technical analysis of a
				  water system to determine whether the system has the capability to reliably
				  meet performance requirements and financial obligations on a long term
				  basis.
36. Will - Whenever used in
				  the context of an action by the loan applicant/recipient the word will is to be
				  interpreted as mandatory.
Miss. Code Ann.
					 §
											41-3-16.