Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 6 - Wastewater Pollution Control Regulations › Chapter 6 - Mississippi Commission on Environmental Quality Water Pollution Control Revolving Loan Fund Program Regulations › Appendix 11-6-6-M - Definitions

Current through June 25, 2024
The following words and terms, when used in this regulation,
				  will have the following meanings, unless the context clearly indicates
				  otherwise:
(1) Act - The Federal Water Pollution Control Act, as
				  amended,
				  33 USC
				  1251, et seq., including any
				  amendments.
(2) Administration Fees - Those fees charged to the loan
				  recipient by the Commission to defray the reasonable costs of administering the
				  revolving fund.
(3) 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 WPCRLF regulations, and determined
				  allowable by the Department.
(4) 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, as
				  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.
(5) Binding Commitment - A WPCRLF loan offer, as described in
				  these regulations.
(6) Budget Period - The time period beginning on the date
				  established in the loan agreement and ending on the date 30 days after the
				  Department's final construction observation, during which allowable costs may
				  be incurred.
(7) Change Order - The documents, including supporting
				  documentation, executed by the loan recipient and the construction contractor,
				  upon recommendation of the 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 after execution of the contract.
(8) Collector Sewer - The common lateral sewers, within a
				  publicly owned treatment system, which are primarily installed to receive
				  wastewater directly from facilities which convey wastewater from individual
				  systems or from private property.
(9) Commission - The Mississippi Commission on Environmental
				  Quality or its successors.
(10) Consolidation Project - The acquisition of an existing
				  entity or its treatment works by another or the merger of two entities.
(11) Construction - Any one or more of the following:
				  erection, building, acquisition, alteration, repair, improvement or extension
				  of treatment works.
(12) Department - The Mississippi Department of Environmental
				  Quality, and its designated representatives or successors.
(13) Eligible Applicant - Any county, municipality, municipal
				  public utility, authority, district, political subdivision or other
				  governmental unit created under state law which has authority to dispose of
				  domestic wastewater, industrial wastewater, wastewater sludges resulting from
				  the treatment of such wastewater, stormwater, or nonpoint sources of pollution,
				  has the authority under State law to receive WPCRLF loan assistance, has the
				  ability to comply with these regulations and the requirements of the WPCRLF
				  loan agreement, and which is not in arrears in repayments to the Water
				  Pollution Control Revolving Fund, the Water Pollution Control Emergency Loan
				  Fund, the Water Pollution Abatement Loan Fund or any other loan.
(14) Eligible Costs - Costs in which WPCRLF loan
				  participation is authorized pursuant to applicable statute.
(15) Engineer - Unless otherwise indicated, the engineer, or
				  engineering firm, 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.
(16) Executive Director - The executive director of the
				  Mississippi Department of Environmental Quality or his designee.
(17) Financial Capability Summary - A financial analysis of a
				  water pollution control system to determine whether the system has the
				  capability to reliably meet the financial obligations on a long term
				  basis.
(18) Force Account - Involves the use of the loan recipient's
				  employees, equipment for construction, construction related activities and/or
				  architectural and engineering services.
(19) Infiltration - Water other than wastewater that enters a
				  sewer system (including sewer service connections and foundation drains) from
				  the ground through such means as defective pipes, pipe joints, connections, or
				  manholes. Infiltration does not include, and is distinguished from,
				  inflow.
(20) Inflow - Water other than wastewater that enters a sewer
				  system (including sewer service connections) as a result of rainfall or
				  rainfall induced soil moisture from sources such as, but not limited to, roof
				  leaders, cellar drains, yard drains, area drains, drains from springs and
				  swampy areas, manhole covers, cross connections between storm sewers and
				  sanitary sewers, catch basins, cooling towers, storm waters, surface runoff,
				  street wash waters, or drainage. Inflow does not include, and is distinguished
				  from, infiltration.
(21) Interceptor - Sewer A sewer which is designed for one or
				  more of the following purposes:
(a) To intercept wastewater from a final point in an existing
				  or proposed collector sewer and convey such wastes directly to a treatment
				  facility or another interceptor or pump station.
(b) To replace an existing wastewater treatment facility and
				  transport the wastes to an adjoining collector sewer or interceptor sewer for
				  conveyance to a treatment plant.
(c) To transport wastewater, together with quantities of
				  infiltration and inflow that are not admitted intentionally, from one or more
				  municipal collector sewers to another municipality or to a regional facility
				  for treatment.
(d) To intercept an existing discharge of raw or inadequately
				  treated wastewater for transport directly to another interceptor, pump station
				  or to a treatment plant.
(22) Interlocal Agreement - An agreement or contract between
				  the loan applicant/recipient and other entities relating to use, enforcement or
				  finances of the project or treatment works, which may be necessary to ensure
				  completion and operation, and maintenance of a useful project.
(23) Loan Agreement - A legal and binding agreement between
				  the Department and the loan recipient through which the Department provides
				  WPCRLF assistance for eligible and allowable costs and the recipient agrees to
				  repay any administrative fees to the Department and the principal sum and
				  interest to the WPCRLF over a period and at an interest rate established in the
				  loan agreement.
(24) Loan Applicant - An eligible applicant that applies or
				  intends to apply for financial assistance from the WPCRLF program
(25) Loan Recipient - An eligible applicant that executes a
				  WPCRLF loan agreement.
(26) Overflows and Bypasses - Polluted water, such as sewage,
				  which overflows or bypasses any portion of the treatment works prior to
				  complete and final treatment and discharge in accordance with the
				  permit.
(27) Project - The scope of work for which financial
				  assistance is provided under the WPCRLF loan agreement.
(28) Project Completion - The date of the final construction
				  observation as performed by the Department for the purpose of a loan
				  allowability determination.
(29) Repayment - Administrative fees, principal and interest
				  repayments on WPCRLF loans as established in the loan agreement.
(30) Service Line - A conduit intended to carry wastewater,
				  together with quantities of infiltration and inflow that are not admitted
				  intentionally, from residences, public buildings and businesses to a collector
				  sewer.
(31) Title Counsel or Legal Counsel - The attorney(s) of
				  record, legally practicing, who provide(s) legal advice and certifications
				  relating to the project for the loan applicant/recipient.
(32) Treatment Works - Any devices and systems which are used
				  in the storage, treatment, transportation, recycling, and reclamation of
				  domestic, industrial, and/or commercial wastewater, including intercepting
				  sewers, outfall sewers, sewage collection systems, service lines, pumping,
				  power, and other equipment and their appurtenances; extensions, improvements,
				  repair, additions, and alterations thereof; and any works, including the land
				  that will be an integral part of, or used in connection with, the treatment
				  process (including land used for the storage of treated water in land treatment
				  systems prior to land application) or is used for ultimate disposal of residues
				  resulting from such treatment; and any other method or system for preventing,
				  abating, reducing, storing, treating, separating, or disposing of domestic,
				  industrial, and/or commercial wastewater, stormwater runoff, wastewater in
				  combined stormwater and sanitary sewer systems, and nonpoint source
				  pollution.
(33) User Charge Ordinance - A legally enforceable ordinance,
				  regulation or corporate resolution enacted by the loan recipient which
				  includes, at least by reference, the user charge system, and establishes user
				  charge rates, to generate adequate revenues to cover all costs of the treatment
				  works, as required by the user charge system.
(34) User Charge System - The system by which the loan
				  recipient charges users of the treatment works rates that produce adequate
				  revenues required for operation, maintenance, replacement of equipment,
				  retirement of existing debt, and repayment of the WPCRLF loan for the
				  project.
(35) Value Engineering - A specialized cost control technique
				  which uses a systematic and creative approach to identify and focus on high
				  costs in a project in order to arrive at a cost saving without sacrificing the
				  purpose, reliability or efficiency of the project.
(36) WPALP - The Water Pollution Abatement Loan
				  Program
(37) WPCELF - The Water Pollution Control Emergency Loan
				  Fund.
(38) WPCRLF - The Water Pollution Control Revolving Loan
				  Fund.