Rule 11-6-1.1.6 - Noncompliance Lists, Plans and Specifications: Submittal Requirements, and SeverabilityA. Noncompliance Lists The Executive Director shall prepare and submit to the Regional Administrator (or his/her designee) any lists of facilities in noncompliance as defined and required in 40 CFR 123.45.
B. Plans and Specifications: Submittal Requirements(1) Plans and specifications for all proposed municipal and domestic sewage collection systems, including modifications and additions thereto, must be submitted to and approved by the Department prior to beginning construction of the proposed system. With the concurrence of the Department, small privately owned domestic collection systems (less than 1,500 gpd) may be allowed to submit plans and specifications prepared by a licensed plumber or architect.(2) Except as excluded in Rule 1.1.6.B.5, plans and specifications for all proposed treatment works must be submitted to the Department for comment prior to beginning construction of the proposed works. In addition, plans and specifications for all proposed treatment works for which a Department administered grant or loan has been made or is to be requested must be approved by the Department prior to commencement of construction.(3) The Department may exempt domestic wastewater facilities with discharges less than 1,500 gpd. Commercial and institutional establishments installing treatment works which (a) have a design capacity of 1,500 gallons per day or less, and(b) do not and will not involve a Department administered grant or loan, and(c) do not require a UIC permit, will normally not be required to submit plans and specifications for the treatment works to the Department. However, prior to beginning construction, it is required that the Department be advised in writing, of the type and capacity of the system to be constructed, and also the location of the discharge point if applicable.
(4) The Department's receipt, comment, or approval of any document does not relieve the project's owner, consulting engineer, contractor, equipment supplier, attorney, or any other party of any liabilities or responsibilities. Department approval of or comment on any document does not establish or convey any liability or responsibility to the Department, nor does such represent any assurances that the project will be able to comply with any permit requirements or otherwise perform as intended by the owner, consulting engineer, contractor, equipment supplier, attorney, or other parties. The permittee is responsible for complying with all conditions of a permit and ensuring that all construction, operation, and maintenance activities achieve such compliance.(5) All equipment, structures, facilities, and/or systems installed in accordance with B.1., 2. or 6. of this Rule shall be maintained and operated in accordance with A.18 of this Rule.(6) Except as excluded in 1.1.6.B.5. of this Rule, not later than 60 days after completion of the project, the owner must, through a letter signed by a professional engineer, certify to the Department that the project has been constructed in accordance with final submitted plans and specifications. Where significant changes to the plans and specification have been made, the professional engineer must submit a list of changes with the certification letter. In addition, as built plans and specifications for all municipal and domestic treatment works, and sewage collection systems, must be submitted to the Department not later than sixty (60) days after completion of the project.(7) All plans and specifications submitted to the Department must be developed by a professional engineer who holds a valid certificate of registration as a professional engineer issued by the Mississippi State Board of Registration for Professional Engineers and Land Surveyors.(8) The only permits issued by the Permit Board for wastewater discharges are State permits, UIC permits, and NPDES permits. Review and approval of design plans and specifications does not constitute authorization to begin construction, and any permit applicant who commences construction prior to final Permit Board action under Rule 1.1.3.H. builds at his own risk.(9) Plans and specifications shall be developed utilizing fundamental engineering principles and approved engineering practices from acceptable engineering guidance sources including, but not limited to, Recommended Standards for Sewage Works, ("Ten States Standards" and all amendments), text books, manuals of practice, technical publications, or other appropriate publications.(10) Plans and specifications that vary from these engineering sources may be submitted if the Department determines such plans and specifications are properly supported in writing by the consulting engineer. A copy of all plans and specifications shall be maintained by the permittee, owner, or operator, whichever is responsible for operation and maintenance of the constructed facilities.(11) Any proposed significant changes to approved or submitted plans and specifications must be submitted to the Department for approval or comment in accordance with 1.1.6.B.1. or 2 of this Rule. Approval of or comment on such revised plans and specifications may be secured from the Department either before or after construction is initiated, at the discretion of the owner. If the owner constructs such changes reflected on the plans and specifications prior to securing Department approval or comment, the owner does so at his own risk and may be required by the Department to correct any unacceptable changes and/or deficiencies.C. Severability If any provision, section, subsection, sentence, clause or phrase of any of these regulations, or the application of same to any person or set of circumstances is for any reason challenged or held to be invalid or void, the validity of the remaining regulations and/or portions thereof or their application to other persons or sets of circumstances shall not be affected thereby.
11 Miss. Code. R. 6-1.1.6
Miss. Code Ann. §§ 49-2-1, et seq. and 49-17-1, et seq.