reglab/housing_qa huggingface dataset:
MS Code § 17-18-21 (2020)
2020 Mississippi Code|Title 17 - Local Government; Provisions Common to Counties and Municipalities|Chapter 18 - Mississippi Hazardous Waste Facility Siting Act of 1990|§ 17-18-21. Authority to designate site for facility

  On or before January 1, 1992, the authority shall submit in writing to the Governor and the executive director of the department the designated site for the state commercial hazardous waste management facility. The designation shall include a description of the decision process by which the designated site was selected. Priority shall be given to the selection of a designated site meeting all of the site selection criteria located on state-owned land described in Section 17-18-13(d) and in communities interested in voluntarily hosting the state commercial hazardous waste management facility.   The authority shall hold a public hearing in the county of each of the three (3) candidate sites prior to their submission of the designated site to the Governor and the executive director of the department.   If it is determined that any permit or license necessary for the construction or operation of the state commercial hazardous waste management facility cannot be obtained if the facility is located at the designated site, then the authority shall designate a site from the remaining two (2) candidate sites.
MS Code § 17-18-23 (2020)
2020 Mississippi Code|Title 17 - Local Government; Provisions Common to Counties and Municipalities|Chapter 18 - Mississippi Hazardous Waste Facility Siting Act of 1990|§ 17-18-23. Acquisition of selected site

 On or before October 1, 1992, the executive director of the department shall purchase or, if necessary, otherwise acquire property for the site on behalf of the state. If purchased, fee simple title to real property shall be vested in the State of Mississippi by and through the department.
MS Code § 17-18-25 (2020)
2020 Mississippi Code|Title 17 - Local Government; Provisions Common to Counties and Municipalities|Chapter 18 - Mississippi Hazardous Waste Facility Siting Act of 1990|§ 17-18-25. Contracts for design, construction and operation of facility; failure to execute contracts

 The department shall actively seek a qualified private contractor or contractors to design, construct and operate the state commercial hazardous waste management facility. A single contractor may design, construct and operate the facility. If the department is unable to successfully negotiate and execute a contract or contracts for the design, construction and operation of the state commercial hazardous waste management facility not later than January 1, 1993, the executive director of the department shall certify to the Governor in writing that the department has taken all actions necessary or convenient to secure an executed contract or contracts for the design, construction and operation of the state commercial hazardous waste management facility. After the written certification, the department shall design, construct and operate the state commercial hazardous waste management facility.
MS Code § 17-18-27 (2020)
2020 Mississippi Code|Title 17 - Local Government; Provisions Common to Counties and Municipalities|Chapter 18 - Mississippi Hazardous Waste Facility Siting Act of 1990|§ 17-18-27. Sale of site property

 The department may sell the real property for the site and any improvements thereon to any non-governmental entity that meets all requirements mandated by federal law and regulations and all requirements mandated by state law and regulations for the operation of a commercial hazardous waste management facility. If the department decides to sell the property, then the property shall be offered for sale on the basis of competitive bidding after advertisement therefor and such property shall be sold to the highest and best bidder, but in no event shall the property be sold at less than the appraised value at the time of the sale as determined by three (3) competent appraisers selected by the department. If all bids received by the department are insufficient, the department may reject all bids received and readvertise for bids.
MS Code § 17-18-29 (2020)
2020 Mississippi Code|Title 17 - Local Government; Provisions Common to Counties and Municipalities|Chapter 18 - Mississippi Hazardous Waste Facility Siting Act of 1990|§ 17-18-29. Site closure plan; post-closure monitoring; maintenance and remedial actions

  The department shall enter into an agreement with the operator of the state commercial hazardous waste management facility for the safe and proper closure of the facility. The operator's site closure plan shall be subject to the approval of the department. The approval of the department under this section is in addition to the approval of the Department of Environmental Quality in accordance with the rules and regulations of the Commission on Environmental Quality. The department may employ an independent contractor to properly close the state commercial hazardous waste management facility and to ensure the site is stabilized.   The department shall provide for such post-closure physical surveillance and environmental monitoring of the state commercial hazardous waste management facility as may be required by the Department of Environmental Quality, the U.S. Environmental Protection Agency and by agreement with the host community.   The department shall provide through its own personnel, private contractor, cooperative agreement with other governmental agencies or any combination thereof, any active maintenance or remedial actions that may be required. Payment for the costs thereof shall be made from the perpetual care fund established pursuant to this chapter.
MS Code § 17-18-31 (2020)
2020 Mississippi Code|Title 17 - Local Government; Provisions Common to Counties and Municipalities|Chapter 18 - Mississippi Hazardous Waste Facility Siting Act of 1990|§ 17-18-31. Perpetual Care Fund; purposes of fund; funding

  There is hereby created in the State Treasury a fund to be designated as the "Perpetual Care Fund," hereinafter referred to in this section as "fund," which may be used for:   Administration of the fund;   Emergency response and decontamination at the state commercial hazardous waste management facility;   Post-closure physical surveillance, environmental monitoring, maintenance, care, custody and remedial action at the state commercial hazardous waste management facility.     Expenditures may be made from the fund upon requisition to the Treasurer by the executive director of the department.   The fund shall be treated as a special trust fund. Interest earned on the principal therein shall be credited by the Treasurer to the fund.   In addition to any money that may be appropriated or otherwise made available to it, the fund shall be maintained by user fees and other charges, including nonregulatory penalties, surcharges or other money paid to or recovered by or on behalf of the department.   Fees and other charges shall at all times be sufficient to build and maintain the fund balance at a level determined by the department, in consultation with the Department of Environmental Quality.   The establishment of this fund shall in no way be construed to relieve or reduce the liability of any facility operator, contractor or other person for damages resulting from the operation of the state commercial hazardous waste management facility.
MS Code § 17-18-33 (2020)
2020 Mississippi Code|Title 17 - Local Government; Provisions Common to Counties and Municipalities|Chapter 18 - Mississippi Hazardous Waste Facility Siting Act of 1990|§ 17-18-33. Fees generally; contracts for operation of facilities; cost considerations in establishing and revising fee schedules; use of excess funds

  For the state commercial hazardous waste management facility the department, in consultation with the Department of Environmental Quality, shall establish and revise as necessary schedules of user fees and other charges, including nonregulatory penalties and surcharges. For facilities operated by private enterprise pursuant to this chapter, the department, in consultation with the Department of Environmental Quality, shall establish and revise as necessary schedules of franchise fees. The terms and conditions under which facilities are operated by private enterprise pursuant to this chapter shall be governed by appropriate contracts between the department and the private operator. Such contracts shall provide for the payment of franchise fees and for the periodic adjustment thereof.   In establishing and revising such schedules of fees, the department shall consider and shall seek to recover, to the maximum extent possible, the following costs:   Establishment and operation of the authority and committee;   Administrative costs of the department in support of its activities under this chapter;   Establishment and administration of the Perpetual Care Fund;   Repayment to the state with interest of all funds expended from the State General Fund in the development of the state commercial hazardous waste management facility;   Compensation of contractors and consultants employed by the department, authority and committee in furtherance of the purposes of this chapter;   Other expenses incurred by the department, the state or its agencies in furtherance of the purposes of this chapter.     If revenues exceed all costs set out and all other costs and charges for which the department is liable, such excess funds shall be paid into a special fund hereby created in the State Treasury to fund a portion of the costs of the Mississippi Comprehensive Waste Minimization Program administered by the Department of Environmental Quality, other programs which foster multimedia waste prevention, reduction, reuse and recycling, programs which provide assistance to small quantity generators and other programs for environmental protection purposes.
MS Code § 17-18-35 (2020)
2020 Mississippi Code|Title 17 - Local Government; Provisions Common to Counties and Municipalities|Chapter 18 - Mississippi Hazardous Waste Facility Siting Act of 1990|§ 17-18-35. Designated site local advisory committee; membership; powers; one-time local application fee for permit to operate facility

  Upon site designation for the state commercial hazardous waste management facility, the governing body of the local governmental unit wherein the site is designated may appoint a designated site local advisory committee. The advisory committee shall consist of seven (7) members representing insofar as possible local government, environmental, health, engineering, business and industry, agricultural, academic, public interest and emergency response groups. If the designated site is in a municipality, the governing body of the county in which the municipality is located may appoint two (2) of the seven (7) members of the advisory committee. The advisory committee shall elect a chairman, vice chairman and a secretary. Vacancies shall be filled by the governing body of the local governmental unit using the same criteria employed in the original appointments. The governing body of the local governmental unit shall provide the advisory committee with the necessary support staff.   The designated site local advisory committee may:   Study the costs and benefits associated with the state commercial hazardous waste management facility;   Review all permit and license applications and related documents concerning the proposed facility;   Hire program and technical consultants to assist in the review process;   Assess the potential local environmental and socioeconomic impacts of the proposed facility;   Promote public education, information and participation in the permitting process;   Develop and propose agreements between the department, the state commercial hazardous waste management facility operator, local governments and other persons;   Develop and present recommendations concerning permit conditions, operational requirements, compensation and incentives related to the proposed facility;   Hire a mediator to facilitate negotiations between the department and the governing body of the local governmental unit;   Reimburse the advisory committee members for reasonable and necessary expenses.     An applicant for a permit to operate the state commercial hazardous waste management facility shall pay a one-time local application fee of One Hundred Thousand Dollars ($100,000.00). If the applicant is a private firm, the local application fee shall be paid to the department, which shall disburse the local application fee to the governing body of the local governmental unit. If the applicant is the department, the department shall pay and disburse the local application fee directly to the governing body of the local governmental unit.
MS Code § 17-18-37 (2020)
2020 Mississippi Code|Title 17 - Local Government; Provisions Common to Counties and Municipalities|Chapter 18 - Mississippi Hazardous Waste Facility Siting Act of 1990|§ 17-18-37. Grant for volunteer host community which is designated site; host community authorized to obtain loan from hazardous waste facility site revolving loan fund; negotiations between governing body of host community and department for percentage of gross receipts from facility

  A volunteer host community which is the designated site shall be paid a grant of One Million Dollars ($1,000,000.00) from the State General Fund after the state commercial hazardous waste management facility is permitted and construction thereof has commenced.   A host community which is the designated site for the state commercial hazardous waste management facility may obtain a loan from the Hazardous Waste Facility Site Revolving Loan Fund under Section 17-17-55.   The governing body of a host community for the state commercial hazardous waste management facility may negotiate with the department in accordance with Section 17-18-39 for a percentage of annual gross receipts from the facility, emergency response resources and training and public information, education and outreach programs, among other incentives.
MS Code § 17-18-39 (2020)
2020 Mississippi Code|Title 17 - Local Government; Provisions Common to Counties and Municipalities|Chapter 18 - Mississippi Hazardous Waste Facility Siting Act of 1990|§ 17-18-39. Local governmental unit may negotiate with department; issues excluded; arbitration

  The governing body of any local governmental unit wherein the site is designated may negotiate with the department with respect to any issue relating to the facility except:   The need for the facility;   Any proposal to reduce the powers or duties of the department, the authority or the committee under this chapter or under any permit or license issued for the facility;   Any proposal to reduce the powers or duties of the Commission on Environmental Quality or the Environmental Quality Permit Board or to make less stringent any rule of the Commission on Environmental Quality; or   Any decision of the committee, the authority, the department or the Environmental Protection Council regarding site selection, contractor selection, selection of waste management category or technology pursuant to this chapter.     If the department and the governing body of the local governmental unit have not reached an agreement on all issues by negotiation within six (6) months after site designation, the following issues may be submitted to arbitration:   Compensation to the local governmental unit for substantial economic impacts which are a direct result of the siting and operation of the state commercial hazardous waste management facility and for which adequate compensation is not otherwise provided;   Reimbursement for reasonable costs incurred by the local governmental unit relating to negotiation, mediation and arbitration activities under this chapter;   Matters related to the appearance of the facility;   Operational concerns other than design capacity and regulatory issues;   Traffic flows and patterns which result from the operation of the facility;   Uses of the site where the facility is located after the facility is closed;   Emergency response capabilities, including training and resources; and   Access to facility records and monitoring data.     The Secretary of State shall serve as arbitrator of any issues submitted for arbitration under this section.
MS Code § 17-18-41 (2020)
2020 Mississippi Code|Title 17 - Local Government; Provisions Common to Counties and Municipalities|Chapter 18 - Mississippi Hazardous Waste Facility Siting Act of 1990|§ 17-18-41. Immunity from personal liability; Attorney General as legal representative of authority and committee

  No member, officer or employee of the department, authority or committee while acting within the scope of their authority shall be subject to any personal liability by reason of any act or omission in connection with the exercise of any power or performance of any duty whether expressed or implied pursuant to this chapter.   Except as otherwise authorized in Section 7-5-39, the Attorney General shall be the legal representative of the authority and the committee and shall provide legal advice and counsel without cost to the authority and the committee.
MS Code § 17-18-43 (2020)
2020 Mississippi Code|Title 17 - Local Government; Provisions Common to Counties and Municipalities|Chapter 18 - Mississippi Hazardous Waste Facility Siting Act of 1990|§ 17-18-43. Report to Legislature

 The department shall report to the Legislature on January 1 of each year regarding its progress in the activities set out under this chapter. The report shall also include an accounting of the collection and expenditures of all authorized funds and recommendations for any additional legislative authority required in furtherance of the activities under this chapter.
MS Code § 17-18-45 (2020)
2020 Mississippi Code|Title 17 - Local Government; Provisions Common to Counties and Municipalities|Chapter 18 - Mississippi Hazardous Waste Facility Siting Act of 1990|§ 17-18-45. Elected or appointed officials not to derive any pecuniary benefit

 No elected or appointed official shall derive any pecuniary benefit, directly or indirectly, as a result of such elected or appointed official's duties under this chapter.
MS Code § 17-18-47 (2020)
2020 Mississippi Code|Title 17 - Local Government; Provisions Common to Counties and Municipalities|Chapter 18 - Mississippi Hazardous Waste Facility Siting Act of 1990|§ 17-18-47. Governor authorized to suspend siting process; grounds; rescinding suspension

 The Governor, by executive order, may suspend the process of siting a state commercial hazardous waste management facility under this chapter if the Permit Board created in Section 49-17-28, Mississippi Code of 1972, or the United States Environmental Protection Agency issues a Resource Conservation and Recovery Act permit for the operation of a commercial hazardous waste treatment or disposal facility within the state. The Governor, by executive order, may rescind the suspension of the facility siting process if he deems such action to be necessary to site a state commercial hazardous waste management facility within this state and adjust the timetable for the facility siting process accordingly.
MS Code § 17-19-1 (2020)
2020 Mississippi Code|Title 17 - Local Government; Provisions Common to Counties and Municipalities|Chapter 19 - Appropriations to Planning and Development Districts|§ 17-19-1. Appropriations to planning and development districts

 The board of supervisors of each county and the governing authorities of each municipality in the state are authorized and empowered, in their discretion, to appropriate and pay such sums as they deem necessary and desirable, out of any available funds of the county or municipality which are not required for any other purpose, to the planning and development district in which the county or municipality is located.
MS Code § 17-25-1 (2020)
2020 Mississippi Code|Title 17 - Local Government; Provisions Common to Counties and Municipalities|Chapter 25 - General Provisions Relating to Counties and Municipalities|§ 17-25-1. County boards of supervisors and municipal governing authorities authorized to allow payment of taxes, fees and other accounts receivable and payment for retail merchandise sold by county or municipality by credit card, charge card, debit card, etc.

 The board of supervisors of any county and the governing authorities of any municipality may allow the payment of various taxes, fees and other accounts receivable to the county or municipality, and the payment for retail merchandise sold by the county or municipality, by credit cards, charge cards, debit cards and other forms of electronic payment, in accordance with policies established by the State Auditor. Except as otherwise provided in this section, any fees or charges associated with the use of such electronic payments shall be assessed to the user of the electronic payment as an additional charge for processing the electronic payment, so that the user will pay the full cost of using the electronic payment. However, a county or municipality shall not charge the user any additional amount above the processing fee on each transaction. For purposes of this section, the term "accounts receivable" includes, but is not limited to, judgments, fines, costs and penalties imposed upon conviction for criminal and traffic offenses.A county or municipality may bear the full cost of processing such electronic payments for retail merchandise sold by the county or municipality.
MS Code § 17-25-3 (2020)
2020 Mississippi Code|Title 17 - Local Government; Provisions Common to Counties and Municipalities|Chapter 25 - General Provisions Relating to Counties and Municipalities|§ 17-25-3. Lease or conveyance of property to nonprofit primary health care clinic

  The governing body of any county or municipality, in its discretion, may sell, lease or convey, with or without consideration and upon such terms and conditions as the parties may agree, any land, buildings, fixtures, equipment or other real or personal property belonging to the county or municipality that is determined by the governing body as no longer needed by the county or municipality for governmental purposes, to any nonprofit primary health care clinic, which is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code located or to be located in the county for the purpose of assisting any such clinic to provide primary health care services to residents who are employed or temporarily out of work and who do not have health insurance. If such property is sold, leased or conveyed without consideration, the governing body of the county or municipality shall state in its minutes the purpose for which the property shall be used, and such property shall revert to the county or municipality whenever it ceases to be used for that stated purpose.   As used in this section, the term "governing body" means the board of supervisors of any county and the governing authorities of any municipality.