Public Health - Local Governments And Rural Water Systems Improvements Board

The Pearl River Valley Water Supply District is an agency of the State of Mississippi created pursuant to the Pearl River Valley Water Supply District Law, Title 51, Chapter 59 of the Mississippi Code of 1972, as amended. The District is composed of five counties: Hinds, Leake, M…

All policy and rulemaking authority is vested in the Board of Directors. The Board delegates the routine operations and personnel supervision to the General Manager. The General Manager operates within the following operating divisions: (a) Agency Head. (b) Engineering. (c) Const…

The District was established for the accomplishment of the following general purposes as stated in the following Legislative determination and declaration of policy: "It is hereby declared, as a matter of legislative determination, that the waterways and surface waters of the sta…

The Pearl River Valley Water Supply District's Office may be contacted in person, by U.S. Mail, Courier mail, email, telephone, facsimile and e-mail. The Pearl River Valley Water Supply District also maintains and provides a Website on the Internet at www.therez.ms. (a) Location …

(a) The District strives to serve the public by making information regarding recreational, hunting, fishing and camping opportunities readily available. Printed information may be obtained from the District's office. There may be a charge, depending on the nature of the informati…

Where an oral proceeding has not previously been held or scheduled, the District will conduct an oral proceeding on a proposed rule or amendment if requested by a political subdivision, an agency or ten (10) persons in writing within twenty (20) days after the filing of the notic…

The date, time and place of all oral proceedings shall be filed with the Secretary of State's office and mailed to each requestor. The oral proceedings will be scheduled no earlier than twenty (20) days from the filing of this information with the Secretary of State. Notes 33 Mis…

The General Manager or designee, who is familiar with the substance of the proposed rule, shall preside at the oral proceeding on a proposed rule. Notes 33 Miss. Code. R. 201-3.3 Miss. Code Ann. § 51-9-127 (Rev. 2000)

Public participation shall be permitted at oral proceedings in accordance with the following sections. (a) At an oral proceeding on a proposed rule, persons may make oral statements and make documentary and physical submissions, which may include data, views, comments or argument…

The presiding officer shall have authority to conduct the proceeding in his or her discretion for the orderly conduct of the proceeding. The presiding officer shall (i) call proceeding to order; (ii) give a brief synopsis of the proposed rule, a statement of the statutory authori…

The presiding officer where time permits and to facilitate the exchange of information, may open the floor to questions or general discussion. The presiding officer may question participants and permit the questioning of participants by other participants about any matter relatin…

Submissions presented by participants in an oral proceeding shall be submitted to the presiding officer. Such submissions become the property of the District, become part of the rulemaking record, and are subject to the District's public records request procedure. Notes 33 Miss. …

The District may record oral proceedings by stenographic or electronic means. Notes 33 Miss. Code. R. 201-3.8 Miss. Code Ann. § 51-9-127 (Rev. 2000)

Any person with a substantial interest in the subject matter may request the District for a declaratory opinion by following the specified procedures. (a) "Substantial interest in the subject matter" as used in this chapter means: that a party is directly affected by the District…

The District will issue declaratory opinions regarding the applicability to specified facts of: (a) a statute administered or enforceable by the District, (b) a rule promulgated by the District, or (c) an order issued by the District. Notes 33 Miss. Code. R. 201-4.2 Miss. Code An…

The District may, for good cause, refuse to issue a declaratory opinion. Without limiting the generality of the foregoing, the circumstances in which declaratory opinions will not be issued include, but are not necessarily limited to: (a) the matter is outside the primary jurisdi…

A declaratory opinion will not be issued where a similar request is pending before this agency, or any other agency or a proceeding is pending on the same subject matter before any agency, administrative or judicial tribunal, or where such an opinion would constitute the unauthor…

A declaratory opinion will not be issued if it may adversely affect the interests of the State, the District, or any of their officers or employees in any litigation which is pending or may reasonably be expected to arise. Notes 33 Miss. Code. R. 201-4.5 Miss. Code Ann. § 51-9-12…

Where a request for a declaratory opinion involves a question of law, the District may refer the matter to the State Attorney General. Notes 33 Miss. Code. R. 201-4.6 Miss. Code Ann. § 51-9-127 (Rev. 2000)

A declaratory opinion will not be issued where the question involves eligibility for a license, permit, certificate or other approval by the District or some other agency, and there is a statutory or regulatory application process by which eligibility for said license, permit, or…

Each request must be printed, typewritten or in legible handwriting. Each request must be submitted on standard business letter size paper (8 1/2" by 11"). Requests may be in the form of a letter addressed to the District or in the form of a pleading as might be addressed to a co…

A declaratory opinion shall not become final until the expiration of sixty (60) days after the issuance of the opinion. Prior to the expiration of sixty (60) days, the District may, in its discretion, withdraw or amend the declaratory opinion for any reason which is not arbitrary…

The District may give notice to any person that a declaratory opinion has been requested and may receive and consider data, facts, arguments and opinions from persons other than the requestor. Notes 33 Miss. Code. R. 201-5.11 Miss. Code Ann. § 51-9-127 (Rev. 2000)

The requestor, or his attorney, shall append to the request for a declaratory opinion a listing of all persons, with addresses, known to the requestor who may have an interest in the declaratory opinion sought to be issued, and shall mail a copy of the request to all such persons…

All requests must be mailed or delivered to the District. The request and its envelope shall clearly state that it is a request for a declaratory opinion. Oral and telephone requests are unacceptable. Notes 33 Miss. Code. R. 201-5.2 Miss. Code Ann. § 51-9-127 (Rev. 2000)

Each request must include the full name, telephone number, and mailing address of the requestor. All requests shall be signed by the person filing the request, unless represented by an attorney, in which case the attorney may sign the request. The signing party shall attest that …

A request must be limited to a single transaction or occurrence. Notes 33 Miss. Code. R. 201-5.4 Miss. Code Ann. § 51-9-127 (Rev. 2000)

Each request must contain the following: (a) a clear identification of the statute or rule at issue; (b) the question for the declaratory opinion; (c) a clear and concise statement of all facts relevant to the question presented; (d) the identify of all other known persons involv…

The terms of the proposed opinion suggested by the requestor may be submitted with the request but the form and content of the opinion remains within the discretion of the District. Notes 33 Miss. Code. R. 201-5.6 Miss. Code Ann. § 51-9-127 (Rev. 2000)

A request may contain an argument by the requestor in support of the terms of the proposed opinion suggested by the requestor. The argument may be submitted in the form of a memorandum of authorities, containing a full discussion of the reasons and any legal authorities, in suppo…

Within forty-five (45) days after the receipt of a complete request for a declaratory opinion which complies with the requirements of these rules, the District shall, in writing: (a) issue an opinion declaring the applicability of the specified statute, rule, or order to the spec…

The forty-five (45) day period shall begin on the first State of Mississippi business day that the request is received by the District. Notes 33 Miss. Code. R. 201-5.9 Miss. Code Ann. § 51-9-127 (Rev. 2000)

If the District in its sole discretion deems a hearing necessary or helpful in determining any issue concerning a request for a declaratory opinion, the District may schedule such a hearing. Notice of the hearing shall be given to all interested parties unless waived. Notice mail…

Procedure for conducting a hearing, including but not limited to the manner of presentation, the time for presentation, and whether and how evidence may be taken, shall be within the discretion of the District. Notes 33 Miss. Code. R. 201-6.2 Miss. Code Ann. § 51-9-127 (Rev. 2000…

The District shall allow the requestor to participate in any hearing. The District may allow any other persons or entities to participate in the hearing in its discretion. Submission of a request for a declaratory opinion or for a hearing does not automatically entitle the reques…

Declaratory opinions and requests for declaratory opinions shall be available for public inspection and copying in accordance with Part 210 of these Regulations. All declaratory opinions and requests shall be indexed by name and subject. Declaratory opinions and requests which co…

Board means the Board of Directors of the District. Notes 33 Miss. Code. R. 202-1.1 Miss. Code Ann. § 51-9-127 (Rev. 2000)

District means the Pearl River Valley Water Supply District. Notes 33 Miss. Code. R. 202-2.1 Miss. Code Ann. § 51-9-127 (Rev. 2000)

District means the employee designated as such by the General Manager. Notes 33 Miss. Code. R. 202-3.1 Miss. Code Ann. § 51-9-127 (Rev. 2000)

General means the person employed by the Board from time to time as the General Manager. Notes 33 Miss. Code. R. 202-4.1 Miss. Code Ann. § 51-9-127 (Rev. 2000)

Reservoir means the waters of the Ross Barnett Reservoir. Notes 33 Miss. Code. R. 202-5.1 Miss. Code Ann. § 51-9-127 (Rev. 2000)

Reservoir means the Ross Barnett Reservoir and any body of land or easement owned by the District. Notes 33 Miss. Code. R. 202-6.1 Miss. Code Ann. § 51-9-127 (Rev. 2000)

(a) It shall be unlawful for any Person to operate a motor vehicle within the Reservoir Project Area at speeds greater than the following: (i) On the roadway across the reservoir dam or on the causeway across Pelahatchie Bay in Rankin County, 55 miles per hour, except as provided…

(a) It shall be unlawful for any Person to park an automobile or other vehicle on any part of the reservoir main dam or any dike, levy, groin, jetty, or mole appurtenant thereto, or on the causeway across Pelahatchie Bay in Rankin County or within one hundred (100) feet of any pu…

(a) It shall be unlawful for any vehicle to enter Lakeshore Park, Old Trace Park or Pelahatchie Shore Park or any other public park of the District where a toll gate is maintained and attended unless the operator or other occupant of the vehicle shall first have paid to the toll …

(a) It shall be unlawful within the Reservoir Project Area to operate any vehicle on the streets, roads or highways unless such vehicle is in compliance with the Mississippi Uniform Highway Traffic Regulation Law-Equipment and Identification Regulations. (b) It shall be unlawful …

It shall be unlawful for any Person to feed an alligator on property owned by or leased from the District. The term "feed" means providing food in any manner or otherwise making food available, including feeding by hand, leaving food on the ground or in the water, or any other ac…