reglab/housing_qa huggingface dataset:
MS Code § 49-17-103 (2020)
2020 Mississippi Code|Title 49 - Conservation and Ecology|Chapter 17 - Pollution of Waters, Streams, and Air|County and Municipal Bonds for Pollution Control|§ 49-17-103. General powers of local governments

 Upon compliance with procedures prescribed herein, and subject to the provisions hereinafter stated in Sections 49-17-105 through 49-17-123, any municipality is hereby authorized and empowered:   To acquire, purchase, construct, operate, maintain and replace pollution control facilities;   To enlarge, expand and improve existing pollution control facilities;   To issue bonds for the purpose of defraying the cost of facilities contemplated by subsections (a) and (b) above;   To enter into agreements with any industry situated in the municipality to construct, operate, maintain, repair and replace said facilities;   To enter into a lease/sale with an industry for the lease and/or sale of such facilities to such industry;   To accept any state or federal grant that may be available to defray any part of the cost of such facilities. Provided, however, the agreements contemplated by subsections (d) and (e) above shall contain terms and conditions under which the industry shall pay to the municipality, or trustee, if any, for the bonds contemplated by subsection (c) above, such sums of money and at such periods as will equal the aggregate of principal, interest and redemption premium, if any, due on the bonds and also the costs, if any, to the municipality of operating, maintaining, insuring, repairing and replacing such facilities, or portions thereof, including a reasonable amount for reserves. Provided, further, any agreement contemplated by subsection (e) above shall further contain terms and conditions pursuant to which the said facilities shall be conveyed to the industry.
MS Code § 49-17-105 (2020)
2020 Mississippi Code|Title 49 - Conservation and Ecology|Chapter 17 - Pollution of Waters, Streams, and Air|County and Municipal Bonds for Pollution Control|§ 49-17-105. General provisions as to bonds

 All bonds issued by a municipality under authority of Sections 49-17-101 through 49-17-123 shall be limited obligations of such municipality. The principal, interest and redemption premium, if any, shall be payable solely out of the moneys to be derived by the municipality pursuant to the agreements specified in subsections (d) and (e) of Section 49-17-103. Bonds and interest coupons issued under authority of Sections 49-17-101 through 49-17-123 shall never constitute an indebtedness of such municipality within the meaning of any state constitutional provision or statutory limitation and shall never constitute nor give rise to a pecuniary liability of the municipality, or a charge against its general credit or taxing powers, and such fact shall be plainly stated on the face of each bond. Such bonds may be executed and delivered at any time as a single issue or from time to time as several issues, may be in such form and denominations, may be of such tenor, may be in registered or bearer form either as to principal or interest or both, may be payable in such installments and at such time or times not exceeding forty (40) years from their date, may be subject to such terms of redemption, may be payable at such place or places, may bear interest at such rate or rates as the governing board and the industry shall agree upon, provided that the bonds of any issue shall not bear a greater overall maximum interest rate to maturity than that allowed in Section 75-17-103; and may contain such other provisions not inconsistent herewith, as the municipality may determine, all of which shall be provided in the proceedings authorizing the bonds. Any bonds issued under the authority of Sections 49-17-101 through 49-17-123 may be sold at public or private sale at such price and in such manner and from time to time as may be determined by the governing board to be most advantageous, and the governing board may pay, as a part of the cost of acquiring any pollution control facility, and out of the bond proceeds, all expenses, premiums and commissions with the authorization, sale and issuance thereof. All bonds issued under the authority of Sections 49-17-101 through 49-17-123, except registered bonds which are registered otherwise than to bearer, and all interest coupons appurtenant thereto shall be construed to be negotiable instruments, despite the fact that they are payable solely from a specified source. The proceedings authorizing the issuance of bonds may provide for the issuance, in the future, of further bonds on a parity with those initially issued.   Bonds issued hereunder shall be validated in the chancery court in which the municipality is located.
MS Code § 49-17-107 (2020)
2020 Mississippi Code|Title 49 - Conservation and Ecology|Chapter 17 - Pollution of Waters, Streams, and Air|County and Municipal Bonds for Pollution Control|§ 49-17-107. Securing payment of bonds

 The principal, interest and premium, if any, on any bonds shall be secured by a pledge of the revenues payable to the municipality, as the case may be, pursuant to either of the agreements specified in subsections (d) and (e) of Section 49-17-103 and may also, in the case of an agreement under subsection (e) of Section 49-17-103, be secured by a lien which may be subordinate to a prior lien on any other property given as security by the industry pursuant to the lease/sale and any bonds may be issued pursuant to and secured by a trust indenture. The proceedings under which bonds are authorized to be issued or any such trust indenture may contain any agreements and provisions customarily contained in instruments securing bonds, including, without limiting the generality of the foregoing, provisions respecting the fixing and collection of the sums payable by the industry to the municipality and/or the trustee, if any, as the case may be, pursuant to the lease/sale, the maintenance and insurance of the pollution control facilities, the creation and maintenance of special funds by the industry, and the rights and remedies available in the event of default to the bondholders or to the trustee under such trust indenture, all as the governing board shall deem advisable. Provided, however, that in making any such agreements or provisions no municipality shall have the power to obligate itself except with respect to any security pledged, mortgaged or otherwise made available by the industry for the securing of the bonds, and the application of the revenues from the agreement, made under either subsections (d) or (e) of Section 49-17-103 and shall not have the power to incur a pecuniary liability or a charge upon its general credit or against its taxing powers. The proceedings authorizing any bonds hereunder and any trust indenture securing such bonds may provide that in the event of default in payment of the principal of or the interest on such bonds or in the performance of any agreement contained in such proceedings or trust indenture, such payment and performance may be enforced by mandamus or by the appointment of a receiver in equity with such powers as may be necessary to enforce the obligations thereof. No breach of any such agreement shall impose any pecuniary liability upon any municipality, or any charge upon its general credit or against its taxing power.   The trustee or trustees under any trust indenture, or any depository specified by such trust indenture, may be such persons or corporations as the governing board shall designate, notwithstanding that they may be nonresidents of Mississippi or incorporated under the laws of the United States or the laws of other states of the United States.
MS Code § 49-17-109 (2020)
2020 Mississippi Code|Title 49 - Conservation and Ecology|Chapter 17 - Pollution of Waters, Streams, and Air|County and Municipal Bonds for Pollution Control|§ 49-17-109. Contracts for facilities

 Contracts for acquisition, purchase, construction and/or installation of facilities contemplated by Sections 49-17-101 through 49-17-123 shall be effected in the manner prescribed by law for public contracts; provided, however, where (a) the municipality finds and records such finding on its minutes, that because of availability or particular nature of such facilities, it would not be in the public interest or would less effectively achieve the purposes of Sections 49-17-101 through 49-17-123 to enter into such contracts upon the basis of public bidding pursuant to advertisement, (b) the industry concurs in such finding, and (c) such finding is approved by the board, public bidding pursuant to advertisement may be dispensed with and such contracts may be entered into based upon negotiation; and provided further, the industry at its option, may negotiate such contracts in the name of the municipality.
MS Code § 49-17-111 (2020)
2020 Mississippi Code|Title 49 - Conservation and Ecology|Chapter 17 - Pollution of Waters, Streams, and Air|County and Municipal Bonds for Pollution Control|§ 49-17-111. Certain findings necessary preliminary to financing of facilities

 Prior to undertaking the financing of any pollution control facility, the governing board shall obtain a finding of the pollution authority that the pollution control facilities are necessary and that the design thereof will result in the elimination, mitigation and/or prevention of air or water pollution.
MS Code § 49-17-113 (2020)
2020 Mississippi Code|Title 49 - Conservation and Ecology|Chapter 17 - Pollution of Waters, Streams, and Air|County and Municipal Bonds for Pollution Control|§ 49-17-113. Duties required of industries under agreements and lease/sales

 Every agreement under either subsection (d) or (e) of Section 43-17-103 shall contain a covenant obligating the industry to effect the completion of the pollution control facilities if the proceeds of the bonds, including parity completion bonds, if any, prove insufficient, and each such lease/sale shall obligate the industry to make payments which shall be sufficient (a) to pay the principal of and interest on the bonds issued for such pollution control facilities, (b) to build up and maintain any reserves deemed by the governing board to be advisable in connection therewith, and (c) to pay the costs of maintaining the pollution control facilities in good repair and the cost of keeping it properly insured. Such agreement may provide for the issuance of additional parity bonds as required in order to complete the pollution control facility.
MS Code § 49-17-115 (2020)
2020 Mississippi Code|Title 49 - Conservation and Ecology|Chapter 17 - Pollution of Waters, Streams, and Air|County and Municipal Bonds for Pollution Control|§ 49-17-115. Optional terms of lease/sale agreements

 Any agreement made under subsection (e) of Section 49-17-103 may provide that the pollution control facilities will be owned by the municipality, and leased to the industry; may provide the industry with an option to purchase the pollution control facility upon such terms and conditions as the governing board and the industry shall agree upon at a price which may be a nominal amount or less than the true value at the time of purchase; or may provide that the pollution control facilities shall become the property of the industry upon the acquisition thereof. Any such agreement may also, but is not required to, include a guaranty agreement whereby a corporation, foreign or domestic, other than the industry guarantees in whole or in part the obligations of the industry under the lease/sale upon such terms and conditions as the governing board may deem appropriate.
MS Code § 49-17-117 (2020)
2020 Mississippi Code|Title 49 - Conservation and Ecology|Chapter 17 - Pollution of Waters, Streams, and Air|County and Municipal Bonds for Pollution Control|§ 49-17-117. Application of bond proceeds; what costs of acquisition include

 The proceeds from the sale of any bonds issued under authority of Sections 49-17-101 through 49-17-123 shall be applied only for the purpose for which the bonds were issued; provided, however, that any premium and accrued interest received in any such sale shall be applied to the payment of the principal of or the interest on the bonds sold; and provided, further, that if for any reason any portion of the proceeds shall not be needed for the purpose for which the bonds were issued, such unneeded portion of the proceeds shall be applied to the payment of the principal of or interest on the bonds. The cost of acquiring any pollution control facilities shall be deemed to include the following: the actual cost of the construction of any part of any pollution control facilities which may be constructed, including architect's, engineer's and legal fees; the purchase price of any land necessary therefor; the purchase price of any part of any pollution control facilities that may be acquired by purchase; all expenses in connection with the authorization, sale and issuance of the bonds to finance such acquisition; and the interest on the bonds for a reasonable time prior to construction, during construction, and for not exceeding one (1) year after completion of the construction.
MS Code § 49-17-119 (2020)
2020 Mississippi Code|Title 49 - Conservation and Ecology|Chapter 17 - Pollution of Waters, Streams, and Air|County and Municipal Bonds for Pollution Control|§ 49-17-119. Exemption from state taxation

 The bonds authorized by Sections 49-17-101 through 49-17-123 and the income therefrom, all trust indentures and mortgages executed as security therefor, all lease agreements made pursuant to the provisions hereof, and all pollution control facilities (when owned by the municipality) and the revenues derived from any agreement with respect thereto shall be exempt from all taxation by the State of Mississippi, and by any political subdivision thereof, except for inheritance, estate or transfer taxes and except further the contractors tax levied by Section 27-65-21, Mississippi Code of 1972.
MS Code § 49-17-121 (2020)
2020 Mississippi Code|Title 49 - Conservation and Ecology|Chapter 17 - Pollution of Waters, Streams, and Air|County and Municipal Bonds for Pollution Control|§ 49-17-121. Governing board to petition for permission to issue bonds

 No bonds shall be issued pursuant to the provisions of Sections 49-17-101 through 49-17-123 until the proposal of the governing board to issue the bonds shall receive the approval of the board. Whenever the governing board shall propose to issue bonds pursuant to the provisions of said sections, it shall file its petition to the board setting forth: (a) a brief description of the pollution control facilities proposed to be undertaken; (b) a statement setting forth the action taken by the pollution control authority in connection with the pollution control facilities; (c) a reasonable estimate of the cost of the pollution control facilities; (d) a general summary of the terms and conditions of the lease/sale; and (e) financial statements on lessee company. Upon the filing of the petition the board shall, as soon as practicable, make such investigation as it deems advisable, and if it finds that the proposed pollution control facilities are intended to promote the purposes of Sections 49-17-101 through 49-17-123 and may be reasonably anticipated to effect such result, it shall be authorized to approve the pollution control facilities, and at any time not exceeding six (6) years following such approval, the governing board may proceed with the issuance of bonds for the pollution control facilities. Notice of the approval by the board shall be published at least once by the governing board in a newspaper having general circulation in the county where the pollution control facilities are to be located. The governing board shall thereupon adopt and publish as required by law a resolution declaring its intention to issue said bonds.   Any qualified elector may challenge the validity of such approval by intervention in the bond validation proceedings.   Authority hereby vested in any governing board to issue, and the board to approve, revenue bonds pursuant to and in accordance with Sections 49-17-101 through 49-17-123 is supplemental to, and may be exercised irrespective of Sections 27-39-15, 57-1-1 to 57-1-51, 57-1-71 to 57-1-83, 57-1-101 to 57-1-107, and 57-3-1 to 57-3-33, Mississippi Code of 1972.
MS Code § 49-17-123 (2020)
2020 Mississippi Code|Title 49 - Conservation and Ecology|Chapter 17 - Pollution of Waters, Streams, and Air|County and Municipal Bonds for Pollution Control|§ 49-17-123. Construction against participation under Chapter 471, Laws of 1971, or in state pollution appropriations

 Nothing in Sections 49-17-101 through 49-17-123 shall be construed as granting authority for participation under the provisions of Chapter 471, Laws of 1971, as now or hereafter amended or participation in state appropriations for pollution control purposes.
MS Code § 49-17-401 (2020)
2020 Mississippi Code|Title 49 - Conservation and Ecology|Chapter 17 - Pollution of Waters, Streams, and Air|Mississippi Underground Storage Tank Act of 1988|§ 49-17-401. Short title

 Sections 49-17-401 through 49-17-433 shall be known as the Mississippi Underground Storage Tank Act of 1988.
MS Code § 49-17-405 (2020)
2020 Mississippi Code|Title 49 - Conservation and Ecology|Chapter 17 - Pollution of Waters, Streams, and Air|Mississippi Underground Storage Tank Act of 1988|§ 49-17-405. Groundwater protection fund; duties of executive director; liability of tank owners; limitation on provisions of chapter and section

  There is hereby created the Mississippi Groundwater Protection Trust Fund, hereinafter referred to as the "fund" to be administered by the Executive Director of the Department of Natural Resources. The commission shall adopt regulations for administering this fund. Whenever in the executive director's determination a release of motor fuels at an active site may pose a threat to the environment or the public health, safety or welfare, the department shall obligate monies available in the fund to provide for:   Investigation and assessment of contamination sites;   Restoration or replacement of potable water supplies;   Rehabilitation of contamination sites, which may consist of cleanup of affected soil, groundwater and inland surface waters, using cost effective alternatives that are technologically feasible and reliable, and that provide adequate protection of the public health, safety and welfare and minimize environmental damage, in accordance with the site selection and cleanup criteria established by the commission, except that nothing herein shall be construed to authorize the commission to obligate funds for payment of costs which may be associated with, but are not integral to, site rehabilitation, such as the cost for retrofitting or replacing underground storage tanks.     Whenever the commission has expended funds from the fund created by Sections 49-17-401 through 49-17-433, the owner of the underground storage tank shall not be liable to the department for such costs if the owner was in substantial compliance on the date on which the discharge of the motor fuels which necessitates the cleanup was reported to the department. Otherwise owners are responsible for reimbursement and the reimbursed monies shall go back into the fund. In such circumstances the commission is authorized to take any necessary action to recover these monies from responsible owners.   Any provisions of this section and chapter regarding liability for the costs of clean-up, removal, remediation or abatement of any pollution, hazardous waste or solid waste shall be limited as provided in Section 49-17-42 and rules adopted thereto.
MS Code § 49-17-409 (2020)
2020 Mississippi Code|Title 49 - Conservation and Ecology|Chapter 17 - Pollution of Waters, Streams, and Air|Mississippi Underground Storage Tank Act of 1988|§ 49-17-409. Reports of contamination incidents; no recourse against tank owner; exceptions

 The commission is authorized to establish requirements for the written reporting of motor fuel contamination incidents from underground storage tanks. All sites involving incidents of motor fuel contamination from underground storage tanks, where the owner of such tanks is in substantial compliance and files a written report with the commission of such incident, shall be qualified sites for the expenditure of funds from the Mississippi Groundwater Protection Trust Fund created by Sections 49-17-401 through 49-17-433. Any funds so expended shall be absorbed at the expense of the fund, without recourse to reimbursement or recovery from any underground storage tank owner, subject to the following exceptions:   The provisions of this section shall not apply to any site where the department has initiated any cleanup or civil enforcement action prior to the passage of Sections 49-17-401 through 49-17-433.   The provisions of this section shall not apply to any site where the department has been denied site access to implement the provisions of Sections 49-17-401 through 49-17-433.   The provisions of this section shall not be construed to authorize or require reimbursement from the fund for costs expended prior to the passage of Sections 49-17-401 through 49-17-433.   The commission may determine, in its discretion, that the owner of an underground storage tank is not in substantial compliance for the purposes of this section and Section 49-17-405, if such owner of an underground storage tank has been delinquent in the payment of tank regulatory fees for more than three (3) months after such fee is due and payable.   Any provisions of this section and chapter regarding liability for the costs of clean-up, removal, remediation or abatement of any pollution, hazardous waste or solid waste shall be limited as provided in Section 49-17-42 and rules adopted thereto.
MS Code § 49-17-411 (2020)
2020 Mississippi Code|Title 49 - Conservation and Ecology|Chapter 17 - Pollution of Waters, Streams, and Air|Mississippi Underground Storage Tank Act of 1988|§ 49-17-411. Compliance with regulations

 No person shall own, install or operate an underground storage tank without complying with the applicable regulations of the commission.
MS Code § 49-17-413 (2020)
2020 Mississippi Code|Title 49 - Conservation and Ecology|Chapter 17 - Pollution of Waters, Streams, and Air|Mississippi Underground Storage Tank Act of 1988|§ 49-17-413. Rules and regulations

  The commission shall promulgate rules and regulations governing underground storage tanks, which shall include, but not be limited to:   Notification of abandoned underground storage tanks;   Registration of underground storage tanks currently under operation;   Standards for underground storage tanks. The commission shall distinguish in such standards between requirements appropriate for new tanks, for tanks in existence on the date of the promulgation of the standards and for abandoned tanks. These standards shall include, but not be limited to, design, construction, installation, release detection, and compatibility standards;   Release detection, prevention and corrective action;   Tank closure requirements;   Standards for monitoring, testing, reporting and record keeping;   Requirements for financial responsibility. The commission shall adopt requirements to insure financial responsibility for corrective action and compensation of third parties required by releases arising from the operation of an underground storage tank, except that such requirements shall not exceed those established by the United States Environmental Protection Agency (EPA). Financial responsibility may be established by any one (1) or combination of the following: insurance; guarantee; surety bond; letter of credit; qualification as a self-insurer; for owners of underground storage tanks containing motor fuels, use of the Mississippi Groundwater Protection Trust Fund; or any other financial assurance mechanism which shall be allowed under EPA regulations governing underground storage tanks; and   Requirements to implement the National Energy Policy Act of 2005 (EPACT), 42 USC 15801.     Variances and temporary emergency variances may be granted by the commission from any regulation adopted pursuant to Section 49-17-401 et seq.