reglab/housing_qa huggingface dataset:
MS Code § 41-67-9 (2020)
2020 Mississippi Code|Title 41 - Public Health|Chapter 67 - Mississippi Individual On-Site Wastewater Disposal System Law|General Provisions|§ 41-67-9. Grandfathering in of existing individual on-site wastewater disposal systems until certain occurrences; requirements for approval

  All existing individual on-site wastewater disposal systems on July 1, 2014, shall be grandfathered in until a valid complaint is registered with a county department of health or until a property owner requests an inspection by the department.   All existing individual on-site wastewater disposal systems shall be considered acceptable provided the following requirements are met:   The existing individual on-site wastewater disposal system and all treated effluent is contained on the property of the generator;   No evidence that any insufficiently treated effluent is leaving the property of the generator or has been seeping to the surface of the ground;   Centralized wastewater treatment systems are not available;   If a private water supply well is present, the well should be located at a higher elevation than the disposal system and is protected from surface contamination by a concrete slab of a thickness of at least four (4) inches extending at least two (2) feet in all directions from the well casing; and   If an advanced treatment system is used, the property owner shall be required to contact an authorized representative of a certified manufacturer of the specific advanced treatment system to provide a continuous maintenance agreement or provide the property owner training to become a qualified homeowner maintenance provider.     Owners of property on which an existing individual on-site wastewater disposal system does not meet the requirements of subsection (2) of this section shall be required by the department to meet Section 41-67-6 or Section 41-67-21.
MS Code § 41-67-10 (2020)
2020 Mississippi Code|Title 41 - Public Health|Chapter 67 - Mississippi Individual On-Site Wastewater Disposal System Law|General Provisions|§ 41-67-10. Testing and listing of advanced treatment systems

  Advanced treatment systems may be installed only if they have been tested and are listed by an American National Standards Institute (ANSI) third-party certifying program at the time of installation. Advanced treatment systems shall be in compliance with standards for a Class I system as defined by the most current revision of American National Standards Institute/National Sanitation Foundation (ANSI/NSF) International Standard Number 40, which are incorporated by reference. An approved ANSI third-party certifying program shall comply with the following provisions for systems which it has certified to be installed in Mississippi:   Be accredited by the American National Standards Institute;   Have established procedures which send representatives to distributors in Mississippi on a recurring basis to conduct evaluations to assure that distributors of certified advanced treatment systems are providing proper maintenance, have sufficient replacement parts available and are maintaining service records;   Notify the department of the results of monitoring visits to manufacturers and distributors within sixty (60) days of the conclusion of the monitoring; and   Submit completion reports on testing and any other information as the department may require for its review.     All manufacturers of advanced treatment systems certified in Mississippi shall provide technical training staff to the department as needed.
MS Code § 41-67-11 (2020)
2020 Mississippi Code|Title 41 - Public Health|Chapter 67 - Mississippi Individual On-Site Wastewater Disposal System Law|General Provisions|§ 41-67-11. Approval of individual on-site wastewater disposal systems in areas where they otherwise would not be approved; requirements for approval

  Individual on-site wastewater disposal systems may be approved in an area where individual on-site wastewater disposal systems otherwise would not be approved because of the availability or feasibility of connection to a centralized wastewater treatment system only after a contract has been awarded or other definite commitments as are deemed sufficient to the department are formalized for the construction of a centralized wastewater treatment system that upon completion will adequately serve the property. Individual on-site wastewater disposal systems shall only be approved when the centralized wastewater treatment system will be completed and available for use within thirty-six (36) months. The department may approve the installation of a system under these circumstances only if the system will comply with the requirements of Section 41-67-5(1) and comply with all construction requirements of the department. The system may be installed only after the developer has signed a written agreement with the centralized wastewater treatment provider stating that the developer will connect to the centralized wastewater treatment system when it becomes available, and the provider of the centralized wastewater treatment system being constructed certifies that the centralized wastewater treatment system will have adequate capacity to accept the sewage to be produced by the individual on-site wastewater disposal systems. The developer shall install an internal sewage collection system from each lot to the connection point to the centralized wastewater treatment system as he develops the streets of the subdivision. Upon completion of the construction of the centralized wastewater treatment system, all individual on-site wastewater disposal systems shall be abandoned and all residences, buildings or facilities connected to the centralized wastewater treatment system.   The department may approve the use of a sewage holding tank for the purpose of providing sewage services. The department shall require the proper abandonment and removal of the sewage holding tank and connection to a centralized wastewater treatment system when that system is available, or the usage is no longer needed.
MS Code § 41-67-12 (2020)
2020 Mississippi Code|Title 41 - Public Health|Chapter 67 - Mississippi Individual On-Site Wastewater Disposal System Law|General Provisions|§ 41-67-12. Assessment of fees

  The department shall assess fees in the following amounts for the following purposes:   A fee of One Hundred Dollars ($100.00) shall be levied for soil and site evaluation and recommendation of individual on-site wastewater disposal systems. The department may increase the amount of the fee authorized in this paragraph (a) not more than two (2) times during the period from July 1, 2016, through June 30, 2020, with the percentage of each increase being not more than five percent (5%) of the amount of the fee in effect at the time of the increase.   A fee of One Hundred Fifty Dollars ($150.00) shall be levied once every three (3) years for the certification of installers and pumpers.   A fee of Three Hundred Dollars ($300.00) shall be levied once every three (3) years for the registration of manufacturers.  Any increase in the fee charged by the department under paragraph (b) or (c) of this subsection shall be in accordance with the provisions of Section 41-3-65.      In the discretion of the board, a person shall be liable for a penalty equal to one and one-half (1-1/2) times the amount of the fee due and payable for failure to pay the fee on or before the date due, plus any amount necessary to reimburse the cost of collection.   No fee authorized under this section shall be assessed by the department for state agencies or institutions, including, without limitation, foster homes licensed by the Mississippi Department of Human Services.
MS Code § 41-67-15 (2020)
2020 Mississippi Code|Title 41 - Public Health|Chapter 67 - Mississippi Individual On-Site Wastewater Disposal System Law|General Provisions|§ 41-67-15. Authority of municipalities and boards of supervisors to adopt more restrictive ordinances not impaired; Department of Health prohibited from approving system that does not comply with more restrictive ordinances

 Nothing in this chapter shall limit the authority of a municipality or board of supervisors to adopt similar ordinances which may be, in whole or in part, more restrictive than this chapter, and in those cases the more restrictive ordinances will govern. The department shall not approve any system that does not comply with an ordinance adopted by a municipality or board of supervisors under the authority of this section.
MS Code § 41-67-19 (2020)
2020 Mississippi Code|Title 41 - Public Health|Chapter 67 - Mississippi Individual On-Site Wastewater Disposal System Law|General Provisions|§ 41-67-19. Demonstrable competence of agents; implementing chapter; completion of department's certification training

 Each authorized agent of the department implementing this chapter shall demonstrate to the department's satisfaction that the person:   Is competent to review and provide any requested approval of design and installation of individual on-site wastewater disposal systems, as well as the operation, repair or maintenance of those systems, to make soil permeability tests or soil and site evaluations, and to conduct inspections of individual on-site wastewater disposal systems in accordance with this chapter and rules and regulations adopted under this chapter; and   Has successfully completed the department's certification training program.
MS Code § 41-67-21 (2020)
2020 Mississippi Code|Title 41 - Public Health|Chapter 67 - Mississippi Individual On-Site Wastewater Disposal System Law|General Provisions|§ 41-67-21. Owner repair of malfunctioning disposal system; abatement of health hazards; penalty for violations

  The department shall require a property owner and/or lessee to repair a malfunctioning individual on-site wastewater disposal system on the owner's or lessee's property before the thirtieth day after the date on which the owner or lessee is notified by the department of the malfunctioning system.   The property owner and/or lessee shall take adequate measures as soon as practicable to abate an immediate health hazard.   If an existing residential individual on-site wastewater disposal system is malfunctioning, the system shall be repaired to reduce the volume of effluent, to adequately treat the effluent and to the greatest extent possible, to confine the discharge to the property of the generator. If repairs are made to significantly upgrade the existing individual on-site wastewater disposal system, the department shall approve the system, if requested.   The property owner or lessee may be assessed a civil penalty not to exceed Five Dollars ($5.00) for each day the individual on-site wastewater disposal system remains unrepaired after the thirty-day period specified in subsection (1) of this section.   The board may assess the property owner or lessee of an individual on-site wastewater disposal system authorized under Section 41-67-3(3) a civil penalty not to exceed Five Dollars ($5.00) for each day the system fails to meet the performance standards of that system after the thirty-day period specified in subsection (1) of this section.   All penalties collected by the board under this section shall be deposited in the State General Fund.   Appeals from the imposition of civil penalty under this section may be taken as provided in Section 41-67-29.
MS Code § 41-67-23 (2020)
2020 Mississippi Code|Title 41 - Public Health|Chapter 67 - Mississippi Individual On-Site Wastewater Disposal System Law|General Provisions|§ 41-67-23. Inspection by Department where Department approval requested

 The department or its authorized representative may enter onto property and make inspections of any individual on-site wastewater disposal system as necessary to ensure that the system is in compliance with this chapter and the rules and regulations adopted under this chapter. The department shall give reasonable notice to any property owner, lessee or occupant prior to entry onto the property. The owner, lessee, owner's representative, or occupant of the property on which the system is located shall give the department or its authorized representative reasonable access to the property at reasonable times to make necessary inspections.
MS Code § 41-67-25 (2020)
2020 Mississippi Code|Title 41 - Public Health|Chapter 67 - Mississippi Individual On-Site Wastewater Disposal System Law|General Provisions|§ 41-67-25. Certification of installers required; exception; renewal; revocation; certified installers listed; penalty for operating without certification

  A person may not operate as an installer of individual on-site wastewater disposal systems unless that person is currently certified by the department. A person who installs an individual on-site wastewater disposal system on his own property for his primary residence is not considered an installer for purposes of this subsection.   An installer of advanced treatment systems or products must be a factory-trained and authorized representative. The manufacturer must furnish documentation to the department certifying the satisfactory completion of factory training and the establishment of the installer as an authorized manufacturer's representative.   The department shall issue a certification to an installer if the installer:   Completes an application form that complies with this chapter and rules and regulations adopted by the board;   Satisfactorily completes the training program for installation and maintenance provided by the department;   Pays the certification fee once every three (3) years, which shall be an amount not greater than One Hundred Fifty Dollars ($150.00); any increase in the fee charged by the department under this paragraph shall be in accordance with the provisions of Section 41-3-65; and   Provides proof of having a valid general business liability insurance policy in effect with liability limits of at least Fifty Thousand Dollars ($50,000.00) per occurrence and at least One Hundred Thousand Dollars ($100,000.00) in total aggregate amount.     Each installer shall furnish proof of certification to a property owner, lessee, the owner's representative or occupant of the property on which an individual on-site wastewater disposal system is to be designed, constructed, repaired or installed by that installer and to the department or its authorized representative, if requested.   The department shall provide for renewal of certifications once every three (3) years.     An installer's certification may be suspended or revoked by the department after notice and hearing if the installer violates this chapter or any rule or regulation adopted under this chapter.   The installer may appeal a suspension or revocation under this section as provided by law.     The department shall disseminate to the public an official list of certified installers.   If any person is operating in the state as an installer without certification by the board, the board, after due notice and opportunity for a hearing, may impose a monetary penalty not to exceed Ten Thousand Dollars ($10,000.00) for each violation.   The department shall provide for renewal of installer certifications to be applied for at the local department offices.
MS Code § 41-67-27 (2020)
2020 Mississippi Code|Title 41 - Public Health|Chapter 67 - Mississippi Individual On-Site Wastewater Disposal System Law|General Provisions|§ 41-67-27. Registration required for manufacturers of individual on-site wastewater disposal system components to operate or do business in state; penalties

 A person may not operate a business in or do business in the State of Mississippi as a manufacturer of components used in an individual on-site wastewater disposal system without holding a valid manufacturer's registration issued by the department. If any person is operating in the state as a manufacturer without certification by the department, the department, after due notice and opportunity for a hearing, may impose a monetary penalty not to exceed Ten Thousand Dollars ($10,000.00) for each violation.
MS Code § 41-67-28 (2020)
2020 Mississippi Code|Title 41 - Public Health|Chapter 67 - Mississippi Individual On-Site Wastewater Disposal System Law|General Provisions|§ 41-67-28. Violations; penalties and damages

  Except as otherwise provided in this chapter, any person who shall knowingly violate this chapter or any rule or regulation or written order of the board in pursuance thereof is, upon conviction, guilty of a misdemeanor and shall be punished as provided in Section 41-3-59.   Each day of a continuing violation is a separate violation.     In addition to all other statutory and common law rights, remedies and defenses, any person who purchases an individual on-site wastewater disposal system and suffers any ascertainable loss of money or property, real or personal, may bring an action at law in the court having jurisdiction in the county in which the installer or manufacturer has the principal place of business, where the act allegedly occurred, to recover any loss of money or damages for the loss of any property resulting from any of the following:   Improper installation of an individual on-site wastewater disposal system due to faulty workmanship;   Failure of an individual on-site wastewater disposal system to operate properly due to failure to install the system in accordance with any requirements of the manufacturer or in compliance with any rules and regulations of the board; or   Failure of an individual on-site wastewater disposal system to operate properly due to installation.     Nothing in this chapter shall be construed to permit any class action or suit, but every private action must be maintained in the name of and for the sole use and benefit of the individual person.     A person who violates this chapter thereby causing a discharge off the property of the generator shall be liable to the party aggrieved or damaged by that violation for the actual damages and additional punitive damages equal to a maximum of twenty-five percent (25%) of the actual damages proven by the aggrieved party, to be taxed by the court where the suit is heard on an original action, by appeal or otherwise and recovered by a suit at law in any court of competent jurisdiction. In addition, the court may award the prevailing party reasonable attorney's fees and court costs. Before filing suit, the party aggrieved or damaged must give thirty (30) days' written notice of its intent to file suit to the alleged violator.     Any person who violates Section 41-67-7(5) or 41-67-11(2) may be assessed an administrative fine in the amount of Five Hundred Dollars ($500.00) and the public water system may discontinue service to that property owner until the failure to comply with Section 41-67-7(5) or 41-67-11(2) has been corrected.   All violators shall be given thirty (30) days' notice before any adverse action.   Any violator shall have the right to appeal an adverse determination through the procedures set out in Section 41-67-29.
MS Code § 41-67-29 (2020)
2020 Mississippi Code|Title 41 - Public Health|Chapter 67 - Mississippi Individual On-Site Wastewater Disposal System Law|General Provisions|§ 41-67-29. Appeals

 Any person who is aggrieved by any final decision of the board may appeal that final decision to the chancery court of the county of the situs in whole or in part of the subject matter. The appellant shall give a cost bond with sufficient sureties, payable to the state in a sum to be fixed by the board or the court and to be filed with and approved by the clerk of the court. The aggrieved party may, within thirty (30) days following a final decision of the board, petition the chancery court for an appeal with supersedeas and the chancellor shall grant a hearing on the petition. Upon good cause shown the chancellor may grant the appeal with supersedeas. The appellant shall be required to post a bond with sufficient sureties according to law in an amount to be determined by the chancellor. The chancery court shall always be deemed open for hearing of appeals and the chancellor may hear the appeal in termtime or in vacation at any place in his district. The appeal shall have precedence over all civil cases, except election contests. The chancery court shall review all questions of law and of fact and may enter a final order or remand the matter to the board for appropriate action as may be indicated or necessary under the circumstances. Appeals may be taken from the chancery court to the Supreme Court in the manner as now required by law, but if a supersedeas is desired by the party appealing to the chancery court, that party may apply therefor to the chancellor, who shall award a writ of supersedeas, without additional bond, if in the chancellor's judgment material damage is not likely to result. If material damage is likely to result, the chancellor shall require a supersedeas bond as deemed proper, which shall be liable to the state for any damage.
MS Code § 41-67-31 (2020)
2020 Mississippi Code|Title 41 - Public Health|Chapter 67 - Mississippi Individual On-Site Wastewater Disposal System Law|General Provisions|§ 41-67-31. Repeal of Sections 41-67-1 through 41-67-29 and Sections 41-67-33 through 41-67-41

 Sections 41-67-1 through 41-67-29 and Sections 41-67-33 through 41-67-41 shall stand repealed on July 1, 2023.
MS Code § 41-67-37 (2020)
2020 Mississippi Code|Title 41 - Public Health|Chapter 67 - Mississippi Individual On-Site Wastewater Disposal System Law|General Provisions|§ 41-67-37. Certified professional evaluator; certification requirements; renewal; official list of certified professional evaluators; penalty for operating without certification

  A person may not operate as a certified professional evaluator in this state unless that person is currently certified by the department or is a licensed professional engineer.   A person must meet one (1) of the following requirements, in addition to the additional requirements set forth in other sections of this chapter and rules and regulations of the board, in order to be eligible to become a certified professional evaluator:   Be a professional geologist registered in the State of Mississippi;   Be a professional soil classifier licensed in the State of Mississippi; or   Be a person who possesses a demonstrable, adequate and appropriate record of professional experience and/or training as determined by the department.     The department shall issue a certification to a certified professional evaluator if the certified professional evaluator:   Completes an application form that complies with this chapter and rules adopted under this chapter;   Satisfactorily completes the certified professional evaluator training program provided by the department;   Pays the certification fee once every three (3) years; any increase in the fee charged by the department under this paragraph shall be in accordance with the provisions of Section 41-3-65; and   Provides proof of having an errors and omissions policy or surety in effect with liability limits of at least Fifty Thousand Dollars ($50,000.00) per occurrence and at least One Hundred Thousand Dollars ($100,000.00) in total aggregate amount.     Each certified professional evaluator shall furnish proof of certification to a property owner or the owner's representative of the property before performing a site evaluation of the property on which an individual on-site wastewater disposal system is to be designed, constructed, repaired or installed by the certified professional evaluator and to the department or its authorized representative, if requested.   The department shall provide for renewal of certifications once every three (3) years.   The department shall disseminate to the public an official list of certified professional evaluators.   If any person who is not a licensed professional engineer operates in the state as a certified professional evaluator without certification by the department, the department, after due notice and opportunity for a hearing, may impose a monetary penalty not to exceed Ten Thousand Dollars ($10,000.00) for each violation.