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-M - Definitions
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) 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.
(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, 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.
(4) Binding Commitment - A WPCRLF loan offer, as described in these regulations.
(5) 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.
(6) 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.
(7) 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.
(8) Commission - The Mississippi Commission on Environmental Quality or its successors.
(9) Consolidation Project - The acquisition of an existing entity or its treatment works by another or the merger of two entities.
(10) Construction - Any one or more of the following: erection, building, acquisition, alteration, repair, improvement or extension of treatment works.
(11) Department - The Mississippi Department of Environmental Quality, and its designated representatives or successors.
(12) 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.
(13) Eligible Costs - Costs in which WPCRLF loan participation is authorized pursuant to applicable statute.
(14) 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.
(15) Executive Director - The executive director of the Mississippi Department of Environmental Quality or his designee.
(16) 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.
(17) Force Account - Involves the use of the loan recipient's employees, equipment for construction, construction related activities and/or architectural and engineering services.
(18) 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.
(19) 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.
(20) 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.
(21) 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.
(22) 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.
(23) Loan Applicant - An eligible applicant that applies or intends to apply for financial assistance from the WPCRLF program
(24) Loan Recipient - An eligible applicant that executes a WPCRLF loan agreement.
(25) 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.
(26) Project - The scope of work for which financial assistance is provided under the WPCRLF loan agreement.
(27) Project Completion - The date of the final construction observation as performed by the Department for the purpose of a loan allowability determination.
(28) Repayment - Administrative fees, principal and interest repayments on WPCRLF loans as established in the loan agreement.
(29) 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.
(30) 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.
(31) 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.
(32) 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.
(33) 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.
(34) Value Engineering - A specialized cost control technique which uses a systematic and creative e 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.
(35) WPALP - The Water Pollution Abatement Loan Program
(36) WPCELF - The Water Pollution Control Emergency Loan Fund.
(37) WPCRLF - The Water Pollution Control Revolving Loan Fund.
