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

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
				  Local Governments And Rural Water Systems Improvements Revolving Loan Program
				  Act, Section
				  41-3-16,
				  Mississippi Code of 1972.
2.
				  Administration Fee - Those fees charged the loan recipient to defray the
				  reasonable costs of administering the emergency fund.
3. Allowable Costs - Those project costs that
				  are eligible, reasonable, necessary, allocable to the project, within the
				  established project scope budget, and budget period in conformance with the
				  DWSELF Regulations and approved by the Department.
4. Authorized Representative - The signatory
				  agent or office of the applicant, authorized and directed by the applicant's
				  governing body to make application for assistance and to sign documents
				  required to undertake and complete the project, on behalf of the applicant. The
				  signatory agent or office must be a member of, 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. Board - 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
				  execution of the contract.
7.
				  Construction - Any one or more of the following: repair, 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 -
				  Drinking Water Systems Emergency Loan Fund.
10. DWSIRLF - Drinking Water Systems
				  Improvements Revolving Loan Fund.
11. Drinking 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.
12. 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 authority
				  to collect, treat, store and distribute piped water for human consumption, has
				  the authority under State law to receive DWSELF loan assistance and has the
				  ability to comply with this regulation and the requirements of the DWSELF loan
				  agreement.
13. Eligible Costs -
				  Eligible costs are those costs in which DWSELF loan participation is authorized
				  pursuant to applicable statute.
14.
				  Emergency - Any circumstance caused by fire, flood, explosion, storm,
				  earthquake, epidemic, riot, insurrection or caused by any inherent defect due
				  to defective construction, or when the immediate preservation of order or
				  public health is necessary by reason of unforeseen event or condition, or when
				  the immediate restoration of a condition of usefulness of any drinking water
				  facilities appears advisable.
15.
				  Emergency Fund - The Local Governments and Rural Drinking Water Systems
				  Emergency Loan Fund, created pursuant to Section
				  41-3-16(2)(b),
				  Mississippi Code of 1972, as amended.
16. Financial Assistance - Loans by the Board
				  from the Local Governments and Rural Drinking Water Systems Emergency Loan
				  Fund.
17. Improvements - Will
				  include making necessary repairs to existing drinking water systems to meet the
				  emergency, and may, at the Board's discretion, include new construction needed
				  to provide a permanent correction to the problems which caused the
				  emergency.
18. Loan Agreement - An
				  agreement between the Board and the loan recipient through which the Board
				  provides DWSELF funds for eligible assistance and the recipient promises to
				  repay the principal sum and interest back to the DWSELF over a period not to
				  exceed 5 years at an interest rate established by the Board.
19. Loan Applicant - A county, incorporated
				  municipality, district, or other water organization that makes application for
				  assistance from the DWSELF program.
20. Loan Recipient - A county, incorporated
				  municipality, district, or other water organization that receives a loan from
				  the DWSELF program.
21. May -
				  Whenever used in the context of an action to be taken by the loan recipient the
				  word may will be interpreted as optional but is not mandatory.
22. May not - Whenever used in the context of
				  an action by the loan recipient such an action is prohibited by these
				  regulations.
23. Must - Whenever
				  used in the context of an action to be taken by the loan recipient the word
				  must will be interpreted as mandatory.
24. 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 adequately
				  construct the work.
25. Project -
				  The scope of work for which assistance is awarded under the DWSELF.
26. Project Completion - The date of the
				  final construction observation, as performed by the Department, for the purpose
				  of an allowability determination.
27. 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.
28. Public Water System - A
				  system for the provision to the public of piped water for human consumption if
				  such system has at least fifteen (15) service connections or regularly serves
				  at least twenty-five (25) individuals, including but not limited to any
				  collection, treatment, storage and distribution facilities under control of the
				  operator of such system and used primarily in connection with such
				  system.
29. Rate Structure - Will
				  have the same meaning as User Charge System.
30. 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.
31.
				  Repayment - Principal and interest payments on DWSELF loans which must be
				  credited directly to the DWSELF.
32. Surcharge - That charge added to each
				  user's water bill each month to cover the cost of repaying the DWSELF
				  loan.
33. Unilateral Change Order -
				  Change orders executed only by the loan recipient, and identified as such, in
				  accordance with the contract documents.
34. User Charge System - That system by which
				  the loan recipient charges users of the system, water rates that produce
				  adequate revenues required for operation, maintenance, replacement of major
				  equipment, retirement of existing debt, and repayment of the DWSELF loan for
				  the project.
35. Water Use
				  Ordinance/Corporate Resolution - An ordinance or corporate resolution enacted
				  by the loan recipient which must require that new distribution lines, service
				  lines, and connections are properly designed and constructed, and must
				  establish any prohibitions or conservation measures for water usage, and must
				  establish any other requirements for use of the system determined appropriate
				  by the loan recipient.
36. Will -
				  Whenever used in the context of an action to be taken by the loan recipient the
				  word will is to be interpreted as mandatory.
Miss. Code Ann.
					 §
											41-3-16(3)(b)