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.33 Miss. Code. R. 2-1.3.1
Miss. Code Ann. § 41-3-16.