reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 33 - MISSISSIPPI AGRICULTURAL AND FORESTRY ACTIVITY ACT (§§ 49-33-1 — 49-33-19) › Section 49-33-11 - Conditional waivers prohibited

The state shall not make a waiver of the provisions of this chapter a condition for approval of the use or continued use of real property or the issuance of any permit or other entitlement. The acceptance by an owner of any approval of use, continued use, permit or other entitlement shall not constitute a waiver of the rights of the owner to compensation for inverse condemnation.
Laws, 1994, ch. 647, § 8; reenacted, Laws, 1995, ch. 379, § 6, eff. 7/1/1995.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 33 - MISSISSIPPI AGRICULTURAL AND FORESTRY ACTIVITY ACT (§§ 49-33-1 — 49-33-19) › Section 49-33-13 - Constitutional requirements and legal challenges

This chapter shall not affect any right or remedy granted an owner under the United States or Mississippi Constitutions or the laws of the United States and the State of Mississippi. Nothing in this chapter shall be construed to preclude an owner from bringing a legal challenge and seeking remedies at law or equity arising out of any action of the State of Mississippi regardless of whether the action constituted a taking, an inverse condemnation, or resulted in a diminution in value of forty percent (40%) or less.
Laws, 1994, ch. 647, § 9; reenacted, Laws, 1995, ch. 379, § 7, eff. 7/1/1995.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 33 - MISSISSIPPI AGRICULTURAL AND FORESTRY ACTIVITY ACT (§§ 49-33-1 — 49-33-19) › Section 49-33-15 - Severability

The provisions of this chapter are severable, and if any provision of this chapter is held invalid by a court of competent jurisdiction, the invalidity shall not affect the other provisions of this chapter that can be given effect without the invalid provision.
Laws, 1994, ch. 647, § 10; reenacted, Laws, 1995, ch. 379, § 8, eff. 7/1/1995.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 33 - MISSISSIPPI AGRICULTURAL AND FORESTRY ACTIVITY ACT (§§ 49-33-1 — 49-33-19) › Section 49-33-17 - Other provisions to which chapter is subject

All the provisions of this chapter are subject to Sections
11-46-1
et seq., 49-2-9, 49-2-13, 49-17-17, 17-17-1, 41-67-3 and 41-67-15, Mississippi Code of 1972.
Laws, 1994, ch. 647, § 11; reenacted, Laws, 1995, ch. 379, § 9, eff. 7/1/1995.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 33 - MISSISSIPPI AGRICULTURAL AND FORESTRY ACTIVITY ACT (§§ 49-33-1 — 49-33-19) › Section 49-33-19 - [Repealed]

Repealed by Laws of 1995, ch. 379, § 10, eff. 7/1/1995.
Laws, 1994, ch. 647, § 12.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 35 - MISSISSIPPI BROWNFIELDS VOLUNTARY CLEANUP AND REDEVELOPMENT; REMEDIATION OF PROPERTY ON NATIONAL PRIORITIES LIST (§§ 49-35-1 — 49-35-53) › Article 1 - MISSISSIPPI BROWNFIELDS VOLUNTARY CLEANUP AND REDEVELOPMENT ACT (§§ 49-35-1 — 49-35-27) › Section 49-35-1 - Short title

This article shall be known and may be cited as the "Mississippi Brownfields Voluntary Cleanup and Redevelopment Act."
Laws, 1998, ch. 528, § 1, eff. 7/1/1998.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 35 - MISSISSIPPI BROWNFIELDS VOLUNTARY CLEANUP AND REDEVELOPMENT; REMEDIATION OF PROPERTY ON NATIONAL PRIORITIES LIST (§§ 49-35-1 — 49-35-53) › Article 1 - MISSISSIPPI BROWNFIELDS VOLUNTARY CLEANUP AND REDEVELOPMENT ACT (§§ 49-35-1 — 49-35-27) › Section 49-35-3 - Legislative findings

The Legislature finds:
(a)
There are properties in Mississippi, often referred to as "brownfields," that are contaminated or are perceived to be contaminated by past activities, but are potential locations for redevelopment.
(b)
Brownfields development and redevelopment is impaired by the potential liability associated with the actual or perceived risk of contamination.
(c)
The safe development or redevelopment of brownfields will benefit the citizens of Mississippi in many ways, including improving the tax base of local governments and creating job opportunities for citizens in the vicinity of brownfields.
(d)
The reduction of public health and environmental hazards on existing brownfield sites is essential to creating a better quality of life for the citizens of this state.
(e)
This article will provide incentives for the voluntary cleanup of brownfield property without use of taxpayer funds.
Laws, 1998, ch. 528, § 2, eff. 7/1/1998.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 35 - MISSISSIPPI BROWNFIELDS VOLUNTARY CLEANUP AND REDEVELOPMENT; REMEDIATION OF PROPERTY ON NATIONAL PRIORITIES LIST (§§ 49-35-1 — 49-35-53) › Article 1 - MISSISSIPPI BROWNFIELDS VOLUNTARY CLEANUP AND REDEVELOPMENT ACT (§§ 49-35-1 — 49-35-27) › Section 49-35-9 - Agreements reached before consideration by commission; public notice; notice to property owners; public hearings

(1)
(a)
If the department and a brownfield party reach a proposed agreement, then at least thirty (30) days before the date that the commission considers the proposed brownfield agreement under Section
49-35-11
, the department shall publish a public notice in a newspaper of general circulation in the county or counties in which the brownfield agreement site is located. The public notice shall (i) describe the proposed brownfield agreement, including the proposed brownfield agreement site; (ii) request public comment on the proposed agreement within thirty (30) days after the date of publication of the notice; and (iii) provide the date and location of the commission's consideration of the proposed brownfield agreement. A copy of the proposed brownfield agreement shall be filed for public inspection in the county courthouse of the county or counties in which the proposed brownfield agreement site is located.
(b)
The commission shall notify in writing the governing authority of the local government in which the proposed site is located.
(c)
At the time of publication of the public notice under paragraph (a) of this subsection, an applicant brownfield party shall notify by certified mail, each record owner of property contiguous to the brownfield agreement site identified by the brownfield party after examination of the land records of the county or counties in which the brownfield agreement site is located at the address contained in the county records, if available. No brownfield agreement shall be declared invalid based on failure of any person to receive notice under this subsection.
(d)
The commission may by regulation require additional public notice.
(2)
The department may conduct a public hearing on the proposed brownfield agreement in the county in which the majority of the proposed brownfield agreement site is located, or in any other location in the local area of the proposed brownfield agreement site that is convenient to the members of the public who may have an interest in the proposed brownfield agreement. The department shall publish a notice of the hearing in a newspaper of general circulation in the county or counties in which the proposed brownfield agreement site is located. The department shall provide to the commission for review before its consideration of the proposed brownfield agreement all public comments and the transcript of any public hearing on the proposed brownfield agreement.
Laws, 1998, ch. 528, § 5, eff. 7/1/1998.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 35 - MISSISSIPPI BROWNFIELDS VOLUNTARY CLEANUP AND REDEVELOPMENT; REMEDIATION OF PROPERTY ON NATIONAL PRIORITIES LIST (§§ 49-35-1 — 49-35-53) › Article 1 - MISSISSIPPI BROWNFIELDS VOLUNTARY CLEANUP AND REDEVELOPMENT ACT (§§ 49-35-1 — 49-35-27) › Section 49-35-11 - Approval and execution of agreements; modifications; changes in surface ownership; powers of executive director

(1)
If the commission finds that the proposed brownfield agreement complies with this article and regulations, the commission, by order, shall approve the proposed brownfield agreement. After approval of the brownfield agreement, the executive director and the brownfield party shall execute the brownfield agreement.
(2)
The commission may enter into a brownfield agreement as proposed by the department or may modify that agreement before entering into it. The commission subsequently may modify any brownfield agreement by entry of an order. The commission orders issued under this article shall be reviewable as provided in Section
49-17-41
. The commission may disapprove a proposed brownfield agreement or decline to enter into a brownfield agreement by entry of an order. In the order, the commission shall state the reasons for disapproval of the agreement or declining to enter into the agreement.
(3)
Until the executive director issues a "no further action" letter under Section
49-35-15
, approval from the commission shall be required for any sale, conveyance or other change in surface ownership of any portion of the brownfield agreement site owned by the brownfield party desiring to make the change in ownership, if the new surface owner will perform any obligations under the brownfield agreement. That brownfield party and the new surface owner jointly shall provide information satisfactory to the commission that the new surface owner has the financial, managerial and technical resources to complete performance of the brownfield agreement obligations to be transferred and that the new surface owner agrees to complete this performance. If the commission determines that the new surface owner has the financial, managerial, and technical resources to complete this performance and has agreed to do so, the commission shall issue an order approving the transfer.
(4)
Except for orders issued under subsections (1) and (2) of this section and Section
49-35-13(2)
, the commission, under any conditions it may prescribe, may authorize the executive director to issue any orders required under this article. A decision by the executive director shall be a decision of the commission and shall be reviewable as provided under Section
49-17-41
.
Laws, 1998, ch. 528, § 6, eff. 7/1/1998.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 35 - MISSISSIPPI BROWNFIELDS VOLUNTARY CLEANUP AND REDEVELOPMENT; REMEDIATION OF PROPERTY ON NATIONAL PRIORITIES LIST (§§ 49-35-1 — 49-35-53) › Article 1 - MISSISSIPPI BROWNFIELDS VOLUNTARY CLEANUP AND REDEVELOPMENT ACT (§§ 49-35-1 — 49-35-27) › Section 49-35-13 - Violations; time period for corrections; penalties

(1)
Any material failure of a brownfield party or the agents or employees of a brownfield party to comply with the brownfield agreement constitutes a violation of this section by the brownfield party. If a brownfield party violates this section the commission shall issue an order requiring the brownfield party to correct the violation in an appropriate time period established by the order.
(2)
If the brownfield party fails to comply with an order issued under subsection (1) of this section, the brownfield party shall be subject to removal of all liability protection afforded by the brownfield agreement under Section
49-35-15
and shall be subject to civil penalties under Section
49-17-43
.
(3)
This section shall not create a defense against the imposition of criminal or civil penalties or other administrative remedies authorized by law for violations of law caused by the brownfield party while implementing or failing to implement the brownfield agreement.
Laws, 1998, ch. 528, § 7, eff. 7/1/1998.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 35 - MISSISSIPPI BROWNFIELDS VOLUNTARY CLEANUP AND REDEVELOPMENT; REMEDIATION OF PROPERTY ON NATIONAL PRIORITIES LIST (§§ 49-35-1 — 49-35-53) › Article 1 - MISSISSIPPI BROWNFIELDS VOLUNTARY CLEANUP AND REDEVELOPMENT ACT (§§ 49-35-1 — 49-35-27) › Section 49-35-19 - Enforcement of land-use restrictions or engineering controls

(1)
Any land-use restriction or engineering control in a brownfield agreement and in a notice of brownfield agreement site filed under this section may be enforced by:
(a)
Any current owner of the brownfield agreement site;
(b)
The commission, by initiating an administrative proceeding or by filing a civil action, without first having exhausted all available administrative remedies;
(c)
Any local government having jurisdiction over any part of the brownfield agreement site by filing a civil action, without the local government having first exhausted all available administrative remedies; or
(d)
Any person provided liability protection under this article who will lose liability protection if the land-use restriction or engineering control is violated.
(2)
Adjacent property owners may enforce any land-use restriction contained in a brownfield agreement or in a notice of brownfield agreement site filed under this section.
(3)
A land-use restriction or engineering control shall not be declared unenforceable due to lack of privity of estate or contract, due to lack of benefit to particular land, or due to lack of any property interest in particular brownfield property within the brownfield agreement site. Any person who owns or leases brownfield property within the brownfield agreement site subject to a land-use restriction or engineering control under this section shall abide by the land-use restriction or engineering control.
Laws, 1998, ch. 528, § 10, eff. 7/1/1998.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 35 - MISSISSIPPI BROWNFIELDS VOLUNTARY CLEANUP AND REDEVELOPMENT; REMEDIATION OF PROPERTY ON NATIONAL PRIORITIES LIST (§§ 49-35-1 — 49-35-53) › Article 1 - MISSISSIPPI BROWNFIELDS VOLUNTARY CLEANUP AND REDEVELOPMENT ACT (§§ 49-35-1 — 49-35-27) › Section 49-35-21 - Implementation of article; date; promulgation of regulations

In accordance with Section
49-2-9
, the commission shall promulgate regulations necessary to implement this article by January 1, 1999. Those regulations may include provisions for determining the eligibility of any person to enter into a brownfield agreement; criteria for inclusion of brownfield property in a brownfield agreement site, including brownfield property under an existing commission agreement or order; requirements for submission of additional information as part of the application or processing of the application and additional requirements for public notice.
Laws, 1998, ch. 528, § 11, eff. 7/1/1998.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 35 - MISSISSIPPI BROWNFIELDS VOLUNTARY CLEANUP AND REDEVELOPMENT; REMEDIATION OF PROPERTY ON NATIONAL PRIORITIES LIST (§§ 49-35-1 — 49-35-53) › Article 1 - MISSISSIPPI BROWNFIELDS VOLUNTARY CLEANUP AND REDEVELOPMENT ACT (§§ 49-35-1 — 49-35-27) › Section 49-35-23 - Restrictions on effect of article

This article shall not:
(a)
Affect the authority of local governments to regulate land use under applicable statutes. The use or uses of the brownfield agreement site and any land-use restrictions or engineering controls in the brownfield agreement shall be consistent with local land-use regulations adopted under applicable statutes;
(b)
Amend, modify, repeal, or otherwise alter any provision of law available to the commission relating to enforcement of violations of federal or state law within its jurisdiction, including civil and criminal penalties;
(c)
Prevent or impede the immediate response of the department or responsible party to an emergency that involves an imminent or actual release of a contaminant that threatens public health or the environment;
(d)
Relieve a person receiving liability protection under this section from any liability for environmental contamination later caused or made worse by that person on or under a brownfield agreement site;
(e)
Affect the right of any person who may have liability with respect to the brownfield agreement site to seek contribution from any other person who may have liability with respect to the brownfield agreement site and who does not have liability protection under this article;
(f)
Prevent the commission from enforcing specific numerical remediation standards, monitoring, or compliance requirements specifically required by the federal government to be enforced as a condition for the department to receive or maintain program authorization, delegation, primacy, or federal funds;
(g)
Create a defense against the imposition of criminal and civil penalties or other administrative enforcement remedies authorized by law and imposed as the result of the illegal disposal of solid waste or a regulated substance or for the pollution of the land, air, or waters of this state on or under a brownfield agreement site;
(h)
Relieve a person of any liability for failure to exercise due diligence and reasonable care in performing an environmental assessment; or
(i)
Create or convey any real or personal property rights, tangible or intangible, to any person.
Laws, 1998, ch. 528, § 12, eff. 7/1/1998.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 35 - MISSISSIPPI BROWNFIELDS VOLUNTARY CLEANUP AND REDEVELOPMENT; REMEDIATION OF PROPERTY ON NATIONAL PRIORITIES LIST (§§ 49-35-1 — 49-35-53) › Article 1 - MISSISSIPPI BROWNFIELDS VOLUNTARY CLEANUP AND REDEVELOPMENT ACT (§§ 49-35-1 — 49-35-27) › Section 49-35-27 - Periodic report; contents; incentive programs

(1)
Before January 1 of each year, the department shall report to the Governor, Lieutenant Governor, Speaker of the House of Representatives, Chairman of the Senate Environmental Protection, Conservation and Water Resources Committee and the Chairman of the House Conservation and Water Resources Committee on the status of the implementation of the Mississippi Brownfields Voluntary Cleanup and Redevelopment Program. The report shall include a list of all brownfield parties and brownfield agreement sites participating in the program, a map showing the location of sites, a brief description of the brownfield agreement for each site, including the location of the site, the agreement implementation status of each site and to the extent practicable, information on the redevelopment or reuse of each site. The report annually shall highlight those sites included in the program since the last annual report. If determined more practicable, the department may include the contents of this report in its annual report.
(2)
Before January 1, 1999, the department shall conduct a survey of incentive programs in other states for cleanup of contaminated sites. Based on the survey, the department shall make recommendations regarding programs which it believes would be beneficial to encourage the cleanup of uncontrolled sites in this state. The department shall include the results of its survey and its recommendations in the report required under subsection (1) of this section.
Laws, 1998, ch. 528, § 14, eff. 7/1/1998.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 35 - MISSISSIPPI BROWNFIELDS VOLUNTARY CLEANUP AND REDEVELOPMENT; REMEDIATION OF PROPERTY ON NATIONAL PRIORITIES LIST (§§ 49-35-1 — 49-35-53) › Article 2 - MISSISSIPPI BROWNFIELDS VOLUNTARY CLEANUP AND REDEVELOPMENT INCENTIVES ACT (§§ 49-35-31 — 49-35-33) › Section 49-35-31 - Short title

This article shall be known and may be cited as the "Mississippi Brownfields Voluntary Cleanup and Redevelopment Incentives Act."
Laws, 2005, ch. 497, § 1, eff. 1/1/2005.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 35 - MISSISSIPPI BROWNFIELDS VOLUNTARY CLEANUP AND REDEVELOPMENT; REMEDIATION OF PROPERTY ON NATIONAL PRIORITIES LIST (§§ 49-35-1 — 49-35-53) › Article 2 - MISSISSIPPI BROWNFIELDS VOLUNTARY CLEANUP AND REDEVELOPMENT INCENTIVES ACT (§§ 49-35-31 — 49-35-33) › Section 49-35-33 - Legislative findings; attractiveness of certain brownfields for redevelopment; provision of capital and labor for safe remediation of brownfields should be encouraged; reduction of public health and environmental hazards; survey and report of incentives for cleanup in other states

The Legislature finds:
(a)
There are properties in Mississippi, often referred to as "brownfields," that were contaminated or were perceived to have been contaminated by past activities, but are attractive locations for redevelopment.
(b)
The safe development or redevelopment of brownfields would benefit the citizens of Mississippi in many ways, including improving the tax base of local governments and creating job opportunities for citizens in the vicinity of brownfields.
(c)
Owners and prospective developers and redevelopers of brownfields, local governments in which brownfields are located and federal and state government agencies should be encouraged to provide capital and labor to improve brownfields so that the property can be determined to be safe or made safe for appropriate future use.
(d)
The reduction of public health and environmental hazards on existing brownfield sites is essential to creating a better quality of life for the citizens of this state.
(e)
Section
49-35-27
, Mississippi Code of 1972, requires the Department of Environmental Quality to conduct a survey of incentive programs in other states for cleanup of contaminated sites by January 1, 1999. The department has conducted its survey and filed its report showing incentives provided in other states.
Laws, 2005, ch. 497, § 2, eff. 1/1/2005.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 35 - MISSISSIPPI BROWNFIELDS VOLUNTARY CLEANUP AND REDEVELOPMENT; REMEDIATION OF PROPERTY ON NATIONAL PRIORITIES LIST (§§ 49-35-1 — 49-35-53) › Article 3 - REMEDIATION OF PROPERTY ON NATIONAL PRIORITIES LIST (§§ 49-35-51 — 49-35-53) › Section 49-35-51 - Definitions

For purposes of this article, the following words and phrases shall have the meanings ascribed in this section, unless the context clearly indicates otherwise:
(a)
"NPL property subject to restoration" means any property on a site that is (i) proposed by the United States Environmental Protection Agency for the National Priorities List (NPL) but not listed on the NPL; or (ii) listed on the NPL, except those NPL sites for which the United States Environmental Protection Agency has issued certificates of completion of the remediation set forth in the records of decision for those sites.
(b)
"Bona fide prospective purchaser" means a person who acquires ownership of a facility located on NPL property subject to restoration and who establishes the criteria set forth in 42 USCS Section 9601(40).
(c)
"Owner of NPL property subject to restoration" means a person who has purchased or otherwise is the owner of record, other than any person or entity who caused the contamination, of NPL property subject to restoration.
Laws, 2003, ch. 440, § 1, eff. 3/18/2003.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 37 - STATEWIDE SCIENTIFIC INFORMATION MANAGEMENT (§§ 49-37-1 — 49-37-11) › Section 49-37-1 - Short title

This chapter shall be known and may be cited as the "Statewide Scientific Information Management Act of 1999."
Laws, 1999, ch. 527, § 1, eff. 7/1/1999.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 37 - STATEWIDE SCIENTIFIC INFORMATION MANAGEMENT (§§ 49-37-1 — 49-37-11) › Section 49-37-3 - Legislative findings and purpose

(1)
The Legislature finds that:
(a)
Numerous federal and state agencies collect and manage scientific information relating to the environment and natural resources of the state;
(b)
Scientific information is a strategic asset in the management of our natural resources, exploration for oil and gas and economic development activities; and
(c)
Lack of coordination in the collection and management of scientific information can lead to duplication of efforts and inefficient information management thus leading to increased and unnecessary costs.
(2)
The purpose of this chapter is to establish a statewide coordinated effort to provide for the management of scientific information to ensure the effective and efficient collection, management, dissemination and analysis of scientific information available to the state and to provide that information in a user-friendly format to governmental agencies, academic institutions, other public and private organizations and the general public for economic development, natural resources and environmental management and other purposes.
Laws, 1999, ch. 527, § 2, eff. 7/1/1999.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 37 - STATEWIDE SCIENTIFIC INFORMATION MANAGEMENT (§§ 49-37-1 — 49-37-11) › Section 49-37-5 - Definitions

For purposes of this chapter, the following terms shall have the meaning ascribed herein unless the context clearly indicates otherwise:
(a)
"Scientific information" means information associated with the monitoring and management of the environment and natural resources of a specifically targeted geographic area that is collected, analyzed, managed, updated by and used among agencies, departments, associations and other organizations concerned with or responsible for the geographic area.
(b)
"Scientific information management system" means a management system which would allow scientific information to be collected, processed, analyzed, managed, updated and subsequently accessed by users of that information.
Laws, 1999, ch. 527, § 3, eff. 7/1/1999.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 37 - STATEWIDE SCIENTIFIC INFORMATION MANAGEMENT (§§ 49-37-1 — 49-37-11) › Section 49-37-9 - [Repealed]

Repealed by its own terms effective7/1/2002.
Laws, 1999, ch. 527, § 5; Laws, 2000, ch. 411, § 1; Laws, 2001, ch. 589, § 1, eff. 4/12/2001.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 37 - STATEWIDE SCIENTIFIC INFORMATION MANAGEMENT (§§ 49-37-1 — 49-37-11) › Section 49-37-11 - Department of Environmental Quality to serve as coordinator for implementation

The Department of Environmental Quality shall serve as the coordinator for implementation of this chapter. The Department of Environmental Quality shall provide any technical and other support services and personnel as the Mississippi Scientific Information Management System Coordinating Council may require in the performance of its functions. The Department of Environmental Quality shall administer any funds made available to the coordinating council for its use and shall at the request and on behalf of the coordinating council, contract for services using any funds available to the coordinating council.
Laws, 1999, ch. 527, § 6, eff. 7/1/1999.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 39 - MISSISSIPPI OUTDOOR STEWARDSHIP ACT (§§ 49-39-1 — 49-39-7) › Section 49-39-1 - Short title

This chapter shall be known and may be cited as the "Mississippi Outdoor Stewardship Act."
Added by Laws, 2022, ch. 487, SB 2076,§ 1, eff. 7/1/2022.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 1 - NAVIGABLE WATERS (§§ 51-1-1 — 51-1-11) › Section 51-1-1 - Definition

Except as otherwise provided in Section
27-109-1
, all rivers, creeks and bayous in this state, twenty-five (25) miles in length, that have sufficient depth and width of water for thirty (30) consecutive days in the year for floating a steamboat with carrying capacity of two hundred (200) bales of cotton are hereby declared to be navigable waters of this state.
Codes, 1906, § 4408; Hemingway's 1917, § 7038; 1930, § 6463; 1942, § 8414; Laws, 1896, ch. 64; Laws, 1990, 1st Ex Sess, ch. 45, § 142, eff. 6/29/1990.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 1 - NAVIGABLE WATERS (§§ 51-1-1 — 51-1-11) › Section 51-1-3 - [Repealed]

Repealed by Laws, 1988, ch. 598, § 2, eff.5/25/1988.
Codes, Hutchinson's 1848, ch. 10, Art 6(1); 1857, ch. 15, art 33; 1871, § 2371; 1880, § 865; 1892, § 3898; 1906, § 4407; Hemingway's 1917, § 7087; 1930, § 6462; 1942, § 8413.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 1 - NAVIGABLE WATERS (§§ 51-1-1 — 51-1-11) › Section 51-1-5 - Removal of obstructions

Any person may enter and remove any and all obstructions to the navigation thereof which may be in or across or over any navigable stream.
Codes, 1857, ch. 15, art 35; 1871, § 2373; 1880, § 867; 1892, § 3900; 1906, § 4410; Hemingway's 1917, § 7090; 1930, § 6464; 1942, § 8415.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 1 - NAVIGABLE WATERS (§§ 51-1-1 — 51-1-11) › Section 51-1-7 - Obstruction of streams

If any person shall have timber, logs, or lumber in any navigable stream and shall allow the same to accumulate or form in blocks or jams so as to obstruct navigation or to hinder or delay any other person in the driving or running of logs, timber, or lumber, such other person may cause the block or jam to be broken and the obstructing logs, timber, or lumber to be driven, boomed, rafted, or run at the expense of the owner; and the costs thereof shall be a lien on the logs, timber, or lumber.
Codes, 1892, § 4408; 1906, § 4973; Hemingway's 1917, § 7870; 1930, § 6465; 1942, § 8416; Laws, 1882, p 87.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 1 - NAVIGABLE WATERS (§§ 51-1-1 — 51-1-11) › Section 51-1-9 - Enforcement of lien

The person so having a lien on logs, timber, or lumber may, after giving the owner five days' notice thereof and of the sum due, sell the property at public auction for cash, upon advertising the sale by posting notices of the time, place, and terms for twenty days in three public places of the county. If the owner be unknown, the sale may be made after advertisement for three weeks.
Codes, 1892, § 4409; 1906, § 4974; Hemingway's 1917, § 7871; 1930, § 6466; 1942, § 8417.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 1 - NAVIGABLE WATERS (§§ 51-1-1 — 51-1-11) › Section 51-1-11 - Damages to bridges

If any person rafting or floating timber or logs in a stream shall permit damage by such logs or timber to be done a bridge built at public expense, he shall be liable therefor; and the damages may be recovered by suit against him, and the timber or logs causing the damage may be seized and sold therefor.
Codes, 1892, § 4410; 1906, § 4975; Hemingway's 1917, § 7872; 1930, § 6467; 1942, § 8418.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 2 - MISSISSIPPI MARINE LITTER ACT (§§ 51-2-1 — 51-2-7) › Section 51-2-1 - Short title

This chapter shall be cited as the "Mississippi Marine Litter Act of 1989."
Laws, 1989, ch. 475, § 1, eff. 7/1/1989.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 2 - MISSISSIPPI MARINE LITTER ACT (§§ 51-2-1 — 51-2-7) › Section 51-2-3 - Disposal of plastics and other garbage in marine waters; storage of certain substances in closed containers on vessels in marine waters; release of substances due to accidents or acts of nature; penalties

(1)
It is unlawful for any person or vessel to discharge any type of plastics, including synthetic ropes, fishing nets, garbage bags and other garbage, including paper products, glass, metal, dunnage, lining and packing materials into the marine waters of this state.
(2)
For purposes of this section, vessel means any boat, barge, or other vehicle operating in the marine environment from the largest supertanker to the smallest recreational craft.
(3)
The following substances shall be kept in closed containers whenever present on a vessel in the marine waters of this state: fuel, oil, paints, varnishes, solvents, pesticides, insecticides, fungicides, algicides, other hazardous liquids, and those substances referred to in subsection (1). The containers shall be sufficient to prevent the substances from escaping in the event the container is released into marine waters. Closed containers shall not be required for substances intended for human consumption, or for bait. Closed containers shall not be required while vessels are taking on or unloading cargo and provisions.
(4)
This section shall not apply to substances released into marine waters accidentally or due to an act of nature, provided:
(a)
That persons involved in an accident make good faith efforts to recover any substances released, proper allowances being first made for personal safety; and
(b)
That snagged or entangled fishing tackle and nets are recovered as much as is reasonably possible, and the unrecovered remainder is caused to sink.
(5)
(a)
For a first violation, any person or vessel who violates this chapter is guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed Five Hundred Dollars ($500.00) or community service requiring litter collection of not less than twenty-five (25) hours nor more than two hundred fifty (250) hours, or both. Persons under eighteen (18) years of age shall be penalized with community service, and may be assessed a fine as well. Each day of a continuing violation constitutes a separate violation.
(b)
For a second or subsequent violation, any person or vessel who violates this chapter is guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed Ten Thousand Dollars ($10,000.00), or revocation of boating licenses, or both.
Laws, 1989, ch. 475, § 2; Laws, 1991, ch. 557 § 1, eff. 4/12/1991.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 2 - MISSISSIPPI MARINE LITTER ACT (§§ 51-2-1 — 51-2-7) › Section 51-2-5 - Commission to promulgate regulations

The Commission on Marine Resources is authorized to promulgate regulations to carry out this chapter, including adopting the provisions of Annex V of the Protocol of 1978 of the International Convention for the Pollution by Ships.
Laws, 1989, ch. 475, § 3, eff. 7/1/1989; Laws, 1994, ch. 578, § 61, eff. 7/1/1994.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 2 - MISSISSIPPI MARINE LITTER ACT (§§ 51-2-1 — 51-2-7) › Section 51-2-7 - Marinas and access areas to have proper disposal facilities on site

The Commission on Marine Resources shall require, by regulation, that all marinas and all other access areas used by vessels have proper disposal facilities on site. The commission shall establish the requirements for such disposal reception facilities.
Laws, 1989, ch. 475, § 4, eff. 7/1/1989; Laws, 1994, ch. 578, § 62, eff. 7/1/1994.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 3 - WATER RESOURCES; REGULATION AND CONTROL (§§ 51-3-1 — 51-3-107) › Article 1 - GENERAL PROVISIONS (§§ 51-3-1 — 51-3-55) › Section 51-3-1 - Declaration of policy on conservation of water resources

It is hereby declared that the general welfare of the people of the State of Mississippi requires that the water resources of the state be put to beneficial use to the fullest extent of which they are capable, that the waste or unreasonable use, or unreasonable method of use, of water be prevented, that the conservation of such water be exercised with the view to the reasonable and beneficial use thereof in the interest of the people, and that the public and private funds for the promotion and expansion of the beneficial use of water resources shall be invested to the end that the best interests and welfare of the people are served.
It is the policy of the Legislature that conjunctive use of groundwater and surface water shall be encouraged for the reasonable and beneficial use of all water resources of the state. The policies, regulations and public laws of the State of Mississippi shall be interpreted and administered so that, to the fullest extent possible, the ground and surface water resources within the state shall be integrated in their use, storage, allocation and management.
All water, whether occurring on the surface of the ground or underneath the surface of the ground, is hereby declared to be among the basic resources of this state to therefore belong to the people of this state and is subject to regulation in accordance with the provisions of this chapter. The control and development and use of water for all beneficial purposes shall be in the state, which, in the exercise of its police powers, shall take such measures to effectively and efficiently manage, protect and utilize the water resources of Mississippi.
Codes, 1942, § 5956-01; Laws, 1956, ch. 167, 1; Laws, 1962, ch. 218; Laws, 1985, ch. 459, § 1, eff. 4/1/1985.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 3 - WATER RESOURCES; REGULATION AND CONTROL (§§ 51-3-1 — 51-3-107) › Article 1 - GENERAL PROVISIONS (§§ 51-3-1 — 51-3-55) › Section 51-3-5 - Permit requirement; notice of preexisting rights or beneficial usage

(1)
No person who is not specifically exempted by this chapter shall use water without having first obtained a permit as provided herein and without having otherwise complied with the provisions of this chapter, the regulations promulgated hereunder and any applicable permit conditions.
(2)
All persons having acquired a right to use surface water prior to April 1, 1985 are entitled to continue such use, provided that such right shall be contingent upon filing a notice of claim to such use with the commission on a form promulgated by the commission. Any person who shall fail to file said notice within three (3) years of April 1, 1985 shall be deemed to have abandoned such use and the right to such use shall automatically terminate without further action of the board.
(3)
Any person using groundwater prior to April 1, 1985 for a beneficial use shall be entitled to continue such use upon the filing with the commission of a notice of claim on a form promulgated by the commission within three (3) years from April 1, 1985. Any such person failing to file said notice of claim within the prescribed period shall be deemed to have abandoned such use and the right to such use shall automatically terminate without further action by the board.
(4)
Notwithstanding rights as envisioned in subsections (2) and (3) of this section, all users of water shall continue to be subject to regulations promulgated by the commission regarding the use of surface water and groundwater for the benefit of the health and public welfare of citizens of this state.
(5)
As soon as practicable after April 1, 1985, the board shall give notice to all persons affected by the provisions of subsections (2) and (3) of this section regarding the requirement to file the notices of claims mentioned therein. If the names and mailing addresses of such affected persons are available to the board, actual written notice, by certified mail, shall be given by the board. If such names and mailing addresses are not available to the board, notice shall be given by publication at least one (1) time per week for not less than three (3) consecutive weeks in one or more newspapers of general circulation in each county of the state.
Codes, 1942, §§ 5956-01, 5956-03; Laws, 1956, ch. 167, §§ 1, 3; Laws, 1962, ch. 218; Laws, 1985, ch. 459, § 3, eff. 4/1/1985.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 3 - WATER RESOURCES; REGULATION AND CONTROL (§§ 51-3-1 — 51-3-107) › Article 1 - GENERAL PROVISIONS (§§ 51-3-1 — 51-3-55) › Section 51-3-9 - Duration of permit; reissuance; termination

(1)
No permit for water use shall be issued for a period longer than ten (10) years. The right to use of water granted by the permit shall automatically terminate upon the passage of the tenth anniversary date of the permit unless there is pending before the board an application for another water permit which includes the use of the same water permitted under the expiring permit. Six (6) months prior to the tenth anniversary date of such permit, the board shall give actual written notice by certified mail to the permit holder informing him that such permit shall be automatically terminated upon its expiration unless such permit holder has made an application for another water permit as described in this subsection. The permit shall be reissued to the permit holder unless his continued use is found to be contrary to the public interest.
(2)
Notwithstanding the foregoing provision, the board may grant to a municipality, county or other governmental subdivision, a public utility or a publicly regulated utility, a permit to use water for a duration sufficient to amortize the initial capital investment of such permittee in water-related equipment.
(3)
The board may modify, terminate or decline to reissue a permit upon a showing of good cause, after affording the permittee involved an opportunity for a hearing at which the permittee shall be entitled to be represented by legal counsel and call witnesses and present evidence on his behalf.
(4)
The board shall issue to any person filing a notice of claim to previously existing rights as provided in Section
51-3-5
a permit which reflects such person's rights. However, such person, on or before the tenth anniversary date of the permit so issued by the board, shall file an application to renew such permit or the rights thereunder to the use of water shall automatically terminate upon the expiration of the permit. This decennial filing requirement shall also apply thereafter to each renewed permit.
Codes, 1942, § 5956-05; Laws, 1956, ch. 167, § 5; Laws, 1985, ch. 459, § 5, eff. 4/1/1985.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 3 - WATER RESOURCES; REGULATION AND CONTROL (§§ 51-3-1 — 51-3-107) › Article 1 - GENERAL PROVISIONS (§§ 51-3-1 — 51-3-55) › Section 51-3-13 - Consideration of applications; criteria

Use of waters of the state shall not constitute absolute ownership or absolute rights of use of such waters, but such waters shall remain subject to the principle of beneficial use. It shall be the duty of the board to approve all applications made in such form as shall meet the requirements of this chapter and such rules and regulations as shall be promulgated by the board and which contemplate the utilization of water for beneficial purposes, within reasonable limitations, provided the proposed use does not prejudicially and unreasonably affect the public interest. If it is determined that the proposed use of the water sought to be permitted is not for beneficial purposes, is not consistent with standards established by the commission, or is detrimental to the public interest, it shall be the duty of the board to enter an order rejecting such application or requiring its modification.
Codes, 1942, § 5956-07; Laws, 1956, ch. 167, § 7; Laws, 1985, ch. 459, § 7, eff. 4/1/1985.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 3 - WATER RESOURCES; REGULATION AND CONTROL (§§ 51-3-1 — 51-3-107) › Article 1 - GENERAL PROVISIONS (§§ 51-3-1 — 51-3-55) › Section 51-3-15 - State Permit Board as permitting authority; powers; hearings

(1)
The board shall serve as the permitting authority for this chapter. The board may adopt rules of practice and procedure governing its proceedings and forms as it deems necessary consistent with the regulations of the commission to carry out its permitting duties under this chapter. The board, under any conditions as the board may prescribe, may authorize the Executive Director of the Department of Environmental Quality to make decisions on permit issuance, reissuance, denial, modification and revocation. A decision by the executive director shall be a decision of the board and shall be subject to formal hearing and appeal as provided in Section
49-17-29
. The executive director shall report all permit decisions to the board at its next regularly scheduled meeting and those decisions shall be recorded in the minutes of the board.
(2)
The board may:
(a)
Issue or reissue any permit under those conditions and limitations consistent with the regulations of the commission and as it reasonably deems necessary to effectuate the purposes of this chapter.
(b)
Issue or reissue any temporary or emergency permit for any period of time specified by the board where conditions make a temporary or emergency permit essential.
(c)
Modify or revoke any permit upon not less than sixty (60) days' written notice to the permittee affected.
(d)
Revoke any permit as the board deems appropriate for failure to adhere to permit conditions.
(e)
Deny the issuance, reissuance or modification of any permit if the proposed use is found to be contrary to public interest.
(f)
Delegate authority to any joint water management district to receive, investigate and make recommendations to the board regarding applications for permits required under this chapter.
(g)
Require all abandoned bore holes and wells more than twenty-five (25) feet deep to be properly plugged to prevent groundwater contamination.
(3)
The board may hold a public hearing regarding its proposed action on any permit under this chapter as provided in Section
49-17-29
. Any interested party aggrieved by an action of the board may appeal that action as provided in Section
49-17-29
.
Codes, 1942, § 5956-08; Laws, 1956, ch. 167, § 8; Laws, 1958, ch. 196, § 3; Laws, 1978, ch. 484, § 36; Laws, 1985, ch. 459, § 8; Laws, 1998, ch. 400, § 1, eff. 7/1/1998.