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.33 Miss. Code. R. 1-1.3.1
Miss. Code Ann. § 41-3-16(3)(b)