Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 67 - MISSISSIPPI INDIVIDUAL ON-SITE WASTEWATER DISPOSAL SYSTEM LAW (§§ 41-67-1 — 41-67-101) › GENERAL PROVISIONS (§§ 41-67-1 — 41-67-41) › Section 41-67-39 - [Repealed Effective 7/1/2028] Certificate required for person operating as pumper removing and disposing of sludge from on-site wastewater disposal systems; certificate requirements; official list of certified pumpers; penalty for operating without license; suspension or revocation of pumper certification; grounds; renewal

(1)
A person may not be engaged in the business of removing and disposing of the sludge and liquid waste (septage) from individual on-site wastewater disposal systems in this state unless that person has a valid certificate issued by the department.
(2)
The department shall issue a certificate to a pumper if the pumper:
(a)
Completes an application form that complies with this chapter and rules adopted under this chapter;
(b)
Satisfactorily completes the certified pumper training program provided by the department;
(c)
Satisfactorily complies with the requirements of his/her pumping and hauling equipment;
(d)
Provides documentation of a disposal site approved by the Department of Environmental Quality, Office of Pollution Control;
(e)
Pays the license fee once every three (3) years; any increase in the fee charged by the department under this paragraph shall be in accordance with the provisions of Section
41-3-65
; and
(f)
Provides proof of having a valid general business liability insurance policy in effect with liability limits of at least Fifty Thousand Dollars ($50,000.00) per occurrence and at least One Hundred Thousand Dollars ($100,000.00) in total aggregate amount.
(3)
Each pumper or designated agent thereof, upon request, shall furnish proof of certification to an individual before entering a contract with that individual for the removing and disposing of the sludge and liquid waste (septage) from an individual on-site wastewater disposal system.
(4)
The department shall disseminate to the public an official list of certified pumpers.
(5)
If any person operates in the state as a certified pumper without a license by the board, the board, after due notice and opportunity for a hearing, may impose a monetary penalty not to exceed Ten Thousand Dollars ($10,000.00) for each violation.
(6)
The department may suspend or revoke a pumper certification if the pumper disposes of septage or other liquid waste in an unpermitted or unapproved site and/or violates this chapter or rules and regulations under this chapter.
(7)
A municipal wastewater treatment facility may make a site available for certified pumpers to dispose of septic or other liquid waste.
(8)
The department shall provide for renewal of certifications once every three (3) years.
(9)
The department must provide for renewal pumper certifications to be applied for at the local department offices.
Laws, 2008, ch. 563, § 22; reenacted and amended, Laws, 2011, ch. 544, § 23, eff. 4/26/2011.
Reenacted by Laws, 2023, ch. 401, HB 522,§ 22, eff. 7/1/2023.
Reenacted by Laws, 2020, ch. 473, SB 2311,§ 19, eff. 7/1/2020.
Repealed by the terms of §
41-67-31
, as amended by Laws, 2013, ch. 513, HB 719, 25, eff. 7/1/2013.
Amended by Laws, 2016, ch. 510, HB 289, 19, eff. 7/1/2016, rep. 7/1/2020, repeal date removed by Laws, 2020, ch. 473, SB 2311,§ 6, eff. 7/1/2020.
Amended by Laws, 2013, ch. 513, HB 719, 23, eff. 7/1/2013.