Rule 33-1-3.3.5 - Construction/Repair Deficiencies1. In the event construction/repair procedures, materials or equipment appear to the Department staff to be substandard, otherwise unsatisfactory, and/or not in conformity with approved plans and specifications, the Department staff may determine such work unallowable for DWSELF loan participation, unless the loan recipient takes such action, through the registered engineer if applicable, in the manner provided for in the construction/repair contract to correct any such deficiencies2. The Department staff may immediately begin withholding DWSELF loan payments should such substandard or unsatisfactory construction/repair work, materials, or equipment become apparent and may require the loan recipient to repay any previously paid amounts related to such work, within 30 days of such notification. Interest may be charged on such delinquent repayments after expiration of the 30-day period at the rate established in Section III.E.(6) of this regulation. Alternatively, the Department staff may withhold such amounts from subsequent payment requests.3. In addition to normal testing procedures required of the loan recipient, should questions arise concerning the construction work, materials, or equipment, for DWSELF loan allowability purposes the Department staff may request the loan recipient to perform reasonable additional tests of construction materials, equipment, or processes which the Department staff determines to be necessary to answer such questions during or after the construction of the project. All tests, whether for the Department staff or the registered engineer, must conform to current American Water Works Association, American Association of State Highway and Transportation Officials, or American Society of Testing and Materials published procedures, or similar acceptable criteria. The Department staff will specify which tests are applicable, if not described in the approved plans, specifications, and contract documents, for DWSELF loan allowability purposes. Samples for testing must be furnished free of cost to the Department staff upon request at the construction site.33 Miss. Code. R. 1-3.3.5
Miss. Code Ann. § 41-3-16(3)(b)