reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 15 - SEAFOOD (§§ 49-15-1 — 49-15-417) › Article 7 - ADMINISTRATIVE HEARING PROCEDURE FOR COMMISSION ON MARINE RESOURCES (§§ 49-15-401 — 49-15-417) › Section 49-15-415 - Payment of penalties; sums collected paid into Seafood Fund

(1)
Any penalty assessed by the department shall be due and payable within forty-five (45) days of the notification of the decision. All sums of money collected as a result of criminal or civil penalties levied under this article shall be paid into the Seafood Fund created and described in Section
49-15-17
.
(2)
If the judgment is not paid within the forty-five (45) days, or within such additional time as the department may allow, the department may file suit in the chancery court of the county where the defendant resides or in the case of a nonresident defendant in the Chancery Court of the Second Judicial District of Harrison County or any other court with appropriate jurisdiction to enforce the decision of the executive director and recover reasonable attorney's fees and all court costs.
(3)
A copy of the notification sent by the department to the violator shall be sufficient proof as to the judgment of the department.
Laws, 2005, ch. 422, § 8, eff. 7/1/2005.
Amended by Laws, 2021, ch. 404, HB 1211,§ 8, eff. 7/1/2021.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 15 - SEAFOOD (§§ 49-15-1 — 49-15-417) › Article 7 - ADMINISTRATIVE HEARING PROCEDURE FOR COMMISSION ON MARINE RESOURCES (§§ 49-15-401 — 49-15-417) › Section 49-15-417 - Criminal immunity for witnesses subpoenaed by commission

No person shall be subject to criminal prosecution or to any penalty or forfeiture in a separate proceeding for or on account of any transaction, matter or issue concerning which he may be required to testify to or produce evidence, or provide documentation, before the commission or at any of its hearings or conferences, or in compliance with any subpoena; however, no person testifying shall be exempt from prosecution and punishment for perjury committed in so testifying.
Laws, 2005, ch. 422, § 9, eff. 7/1/2005.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 17 - POLLUTION OF WATERS, STREAMS, AND AIR (§§ 49-17-1 — 49-17-775) › IN GENERAL (§§ 49-17-1 — 49-17-45) › Section 49-17-1 - Short title

Sections
49-17-1
through
49-17-43
may be cited as the "Mississippi Air and Water Pollution Control Law."
Codes, 1942, § 7106-135; Laws, 1966, ch. 258, § 25, eff. 7/1/1966.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 17 - POLLUTION OF WATERS, STREAMS, AND AIR (§§ 49-17-1 — 49-17-775) › IN GENERAL (§§ 49-17-1 — 49-17-45) › Section 49-17-3 - Statement of policy

Whereas, the pollution of the air and waters of the state constitutes a menace to public health and welfare, creates a public nuisance, is harmful to wildlife, fish and aquatic life, and impairs domestic, agricultural, industrial, recreational and other legitimate beneficial uses of air and water, and whereas, the problem of air and water pollution in this state is closely related to the problem of air and water pollution in adjoining states, it is hereby declared to be the public policy of this state to conserve the air and waters of the state and to protect, maintain and improve the quality thereof for public use, for the propagation of wildlife, fish and aquatic life, and for domestic, agricultural, industrial, recreational and other legitimate beneficial uses; to maintain such a reasonable degree of quality of the air resources of the state to protect the health, general welfare and physical property of the people, and to provide that no waste be discharged into any waters of the state without first receiving the necessary treatment or other corrective action to protect the legitimate beneficial uses of such waters; to provide for the prevention, abatement and control of new or existing air or water pollution; and to cooperate with other agencies of the state, agencies of other states, and the federal government in carrying out these objectives.
Codes, 1942, § 7106-111; Laws, 1966, ch. 258, § 1, eff. 7/1/1966.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 17 - POLLUTION OF WATERS, STREAMS, AND AIR (§§ 49-17-1 — 49-17-775) › IN GENERAL (§§ 49-17-1 — 49-17-45) › Section 49-17-7 - Transfer of duties and responsibilities of Mississippi Air and Water Pollution Control Commission

(1)
The Mississippi Commission on Environmental Quality shall be the Mississippi Air and Water Pollution Control Commission, and shall exercise the duties and responsibilities of the Mississippi Air and Water Pollution Control Commission through the Mississippi Department of Environmental Quality.
(2)
The words "Mississippi Air and Water Pollution Control Commission" wherever they may appear in the laws of the State of Mississippi shall be construed to mean the Mississippi Commission on Environmental Quality.
Codes, 1942, § 7106-113; Laws, 1966, ch. 258, § 3; Laws, 1972, ch. 369, § 14; ch. 505, § 2; Laws, 1973, ch. 406, § 1; Laws, 1977, ch. 327, § 1; Laws, 1978, ch. 484, § 53; Laws, 1999, ch. 573, § 3, eff. 7/1/1999.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 17 - POLLUTION OF WATERS, STREAMS, AND AIR (§§ 49-17-1 — 49-17-775) › IN GENERAL (§§ 49-17-1 — 49-17-45) › Section 49-17-9 - and 49-17-11 - [Repealed]

Repealed by Laws of 1978, ch. 484, § 57, eff. 7/1/1979.
§ 49-17-9. [Codes, 1942, § 7106-132; Laws, 1966, ch. 258, § 22] § 49-17-11. [Codes, 1942, § 7106-114; Laws, 1966, ch. 258, § 4; Am Laws, 1972, ch. 505, § 3]
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 17 - POLLUTION OF WATERS, STREAMS, AND AIR (§§ 49-17-1 — 49-17-775) › IN GENERAL (§§ 49-17-1 — 49-17-45) › Section 49-17-13 - Commission designated as pollution control agency for state; assistance from other state agencies

(1)
The commission is hereby designated as the pollution control agency for this state to administer federal pollution control legislation and programs and interstate or regional agreements pertaining to solid or hazardous waste management.
(2)
The commission shall have the right to call upon and receive the assistance of any officer, board, department, school, university or any other state agency, and officers and employees thereof, for any reasonable assistance necessary or beneficial in carrying out the provisions of Sections
49-17-1
through
49-17-43
.
Codes, 1942, § 7106-115; Laws, 1966, ch. 258, § 5; Laws, 1971, ch. 456, § 1; Laws, 1972, ch. 505, § 4 1978, ch. 484, § 55; Laws, 1982, ch. 411, § 7; Laws, 1984, ch. 488, § 235; Laws, 1989, ch. 552, § 1; Laws, 1999, ch. 573, § 2, eff. 7/1/1999.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 17 - POLLUTION OF WATERS, STREAMS, AND AIR (§§ 49-17-1 — 49-17-775) › IN GENERAL (§§ 49-17-1 — 49-17-45) › Section 49-17-15 - [Repealed]

Repealed by Laws of 1978, ch. 484, § 57, eff. 7/1/1979.
Am Laws, 1972, ch. 505, § 17; Codes, 1942, § 7106-131; Laws, 1966, ch. 258, § 21.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 17 - POLLUTION OF WATERS, STREAMS, AND AIR (§§ 49-17-1 — 49-17-775) › IN GENERAL (§§ 49-17-1 — 49-17-45) › Section 49-17-19 - Standards of air and water quality

In order to carry out the purposes of Sections
49-17-1
through
49-17-43
, the commission may set ambient standards of air and water quality for the state or portions thereof. Such ambient standards of quality shall be such as to protect the public health and welfare and the present and prospective future use of such air and of such waters for public water supplies, propagation of fish and aquatic life and wildlife, recreational purposes, and agricultural, industrial and other legitimate uses. Such ambient standards may be amended from time to time as determined to be necessary by the commission. In order to carry out the purposes of Sections
49-17-1
through
49-17-43
, the commission may also set emission standards for the purpose of controlling air contamination, air pollution and the sources thereof. In establishing ambient air quality standards for odor, the commission shall adopt recognized objective standards if they exist. In the absence of a recognized objective ambient air quality standard for odor, the commission may adopt such subjective standards as may be appropriate.
In establishing such standards relating to pesticides and commercial fertilizers for underground water, the commission shall adopt federal standards if they exist. If no federal standard exists, the commission shall petition the U.S. Environmental Protection Agency to establish a federal standard for the substance of interest. If the commission determines that a federal standard cannot be obtained within thirty (30) days, it shall consult with the U.S. Environmental Protection Agency's Office of Drinking Water and Office of Pesticide Programs regarding the agency's conclusion relative to available toxicological information on the substance of interest and on the methodology used for establishing a federal standard. The commission shall utilize this information and methodology to establish a standard. The commission may also consult with and request similar information from other sources.
Codes, 1942, § 7106-119; Laws, 1966, ch. 258, § 9; Laws, 1972, ch. 505, § 7; Laws, 1982, ch. 411, § 9; Laws, 1987, ch. 523, § 2; Laws, 1991, ch. 333 § 1, eff. 3/15/1991.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 17 - POLLUTION OF WATERS, STREAMS, AND AIR (§§ 49-17-1 — 49-17-775) › IN GENERAL (§§ 49-17-1 — 49-17-45) › Section 49-17-21 - Inspections and investigations; access to and maintenance of records; testing and sampling; monitoring equipment

(a)
The commission or its duly authorized representative shall have the power to enter at reasonable times upon any private or public property, and the owner, managing agent or occupant of any such property shall permit such entry for the purpose of inspecting and investigating conditions relating to pollution or the possible pollution of any air or waters of the state and to have access to such records as the commission may require under subsection (b) of this section.
(b)
The commission may require the maintenance of records relating to the operation of air contamination sources or water disposal systems, and any authorized representative of the commission may examine and copy any such records or memoranda pertaining to the operation of such air contamination source or water disposal system. The records shall contain such information as the commission may require. Copies of such records shall be submitted to the commission upon request.
(c)
The commission may conduct, authorize or require tests and take samples of air contaminants or waste waters, fuel, process material or other material which affects or may affect (1) emission of air contaminants from any source, or (2) waste water disposal systems. Upon request of the commission, the person responsible for the source to be tested shall provide necessary sampling ports in stacks or ducts and such other safe and proper sampling and testing facilities as may be necessary for proper determination of the emission of air contaminants. If an authorized employee of the commission during the course of any inspection obtains a sample of air contaminant, fuel, process material or other material, he shall give the owner or operator of the equipment or fuel facility a receipt for the sample obtained.
(d)
The commission may require the installation, maintenance and use of such monitoring equipment and methods at such locations and intervals as the commission deems necessary.
Codes, 1942, § 7106-122; Laws, 1966, ch. 258, § 12; Laws, 1968, ch. 440, § 1; Laws, 1972, ch. 505, § 10; Laws, 1973, ch. 412, § 1; Laws, 1977, ch. 327, § 3, eff. 3/4/1977.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 17 - POLLUTION OF WATERS, STREAMS, AND AIR (§§ 49-17-1 — 49-17-775) › IN GENERAL (§§ 49-17-1 — 49-17-45) › Section 49-17-22 - Enforcement powers of Commission on Marine Resources; cooperation with commission or environmental quality

The Commission on Marine Resources is hereby authorized to cooperate with the Commission on Environmental Quality for the enforcement of the provisions of Sections
49-17-1
through
49-17-43
in and on the salt waters of the State of Mississippi.
Codes, 1942, § 7106-116 (last Para).; Laws, 1972, ch. 505, § 5; Laws, 1994, ch. 578, § 59, eff. 7/1/1994.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 17 - POLLUTION OF WATERS, STREAMS, AND AIR (§§ 49-17-1 — 49-17-775) › IN GENERAL (§§ 49-17-1 — 49-17-45) › Section 49-17-23 - Record of minutes, rules, regulations and orders; annual publication, available to public; copies; index

The commission shall keep the minutes of the commission, including all orders, rules and regulations promulgated, in a record book, or books, especially prepared for that purpose.
All minutes of commission meetings and hearings, and all rules, regulations, and orders made by the commission shall be in writing and shall be filed in full by the commission in a book for such purposes, to be kept by the commission which shall be a public record and open to inspection by the public at all times during all reasonable hours. The commission shall compile and publish annually the rules and regulations promulgated by the commission in current consolidated version. The commission shall provide the consolidated compilation of the rules and regulations to the public for a cost sufficient to cover printing and postage and administrative expenses, including the cost of any contractual services necessary to compile and publish such rules and regulations on an annual basis. A copy of any rule, minutes, regulation or order certified by the commission shall be received in evidence in all courts of this state with the same effect as the original. The commission shall compile and index on a current date basis all orders of the commission in a book for such purposes that shall be available for inspection and copying by the public. All responsibilities of the commission pursuant to this section may be delegated by the commission to the Executive Director.
Codes, 1942, §§ 7106-124, 7106-129; Laws, 1966, ch. 258, §§ 14, 19; Laws, 1972, ch. 505, §§ 12, 16; Laws, 1977, ch. 327, § 4; Laws, 1993, ch. 611, § 5, eff. 4/16/1993.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 17 - POLLUTION OF WATERS, STREAMS, AND AIR (§§ 49-17-1 — 49-17-775) › IN GENERAL (§§ 49-17-1 — 49-17-45) › Section 49-17-25 - Procedures for publication, adoption, amendment or repeal of rules and regulations necessary to implement laws administered by Department of Environmental Quality; notice

(1)
Prior to the adoption, amendment or repeal of rules and regulations necessary to implement this chapter, Sections
17-17-1
through
17-17-47
, Sections
21-27-201
through
21-27-221
, Sections
37-138-1
through
37-138-31
, and all other laws administered by the department, the commission shall conduct a public hearing or hearings thereon after public notice. Such notice shall be given by publication once a week for three (3) successive weeks in a newspaper having a general circulation throughout the state. The notice shall contain a description of the proposed regulation and the time, date and place of the hearing.
(2)
Additionally, the adoption, amendment or repeal of any rule or regulation under this chapter, Sections
17-17-1
through
17-17-47
, Sections
21-27-201
through
21-27-221
, Sections
37-138-1
through
37-138-31
and all other laws administered by the department shall be governed by the "Mississippi Administrative Procedures Law." Any rule or regulation heretofore or hereafter adopted, amended or repealed in substantial compliance with the procedural requirements under Section
25-43-7
shall be valid. A proceeding to contest any rule or regulation on the ground of noncompliance with the procedural requirements of this section must be commenced within one (1) year from the effective date of the rule or regulation.
(3)
Notice of rules and regulations adopted by the commission shall be published once in a newspaper having general circulation throughout the state.
Codes, 1942, § 7106-130; Laws, 1966, ch. 258, § 20; Laws, 1977, ch. 327, § 5; Laws, 1991, ch. 333 § 2, eff. 3/15/1991.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 17 - POLLUTION OF WATERS, STREAMS, AND AIR (§§ 49-17-1 — 49-17-775) › IN GENERAL (§§ 49-17-1 — 49-17-45) › Section 49-17-26 - Notification procedures as to chemicals in underground water exceeding state standards

If the commission determines, after adequate scientific investigation and evaluation, that a chemical as defined in Sections
69-23-3
and
75-47-5(a)
in the underground water exceeds or is likely to exceed duly adopted state standards and that the source of the chemical is not within the regulatory jurisdiction of the commission, the commission shall notify the Department of Agriculture and Commerce, which shall proceed in accordance with Section
69-23-7
and other existing laws.
Laws, 1987, ch. 523, § 3, eff. 7/1/1987.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 17 - POLLUTION OF WATERS, STREAMS, AND AIR (§§ 49-17-1 — 49-17-775) › IN GENERAL (§§ 49-17-1 — 49-17-45) › Section 49-17-27 - Emergency orders; public notice of emergency situations

In the event an emergency is found to exist by the commission, it may issue an emergency order as circumstances may require. Said emergency order shall become operative at the time and date designated therein and shall remain in force until modified or cancelled by the commission or superseded by a regular order of the commission or for a period of forty-five (45) days from its effective date, whichever shall occur first, and may be enforced by an injunction if necessary.
The chancery court shall always be deemed open for hearing requests for injunctions to enforce such emergency orders and the same shall have precedence over other matters.
When, in the opinion of the commission or its executive director, an emergency situation exists which creates an imminent and substantial endangerment threatening the public health and safety or the lives and property of the people of this state, notice shall be given immediately to local governing authorities, both county and municipal, the state emergency management organization, and the governor for appropriate action in accordance with applicable laws for protections against disaster situations.
Codes, 1942, § 7106-123; Laws, 1966, ch. 258, § 13; Laws, 1972, ch. 505, § 11; Laws, 1980, ch. 491, § 25, eff. 5/9/1980.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 17 - POLLUTION OF WATERS, STREAMS, AND AIR (§§ 49-17-1 — 49-17-775) › IN GENERAL (§§ 49-17-1 — 49-17-45) › Section 49-17-30 - Title V permit fees

(1)
As a condition of Title V of the federal Clean Air Act, the owner or operator of any stationary source required to obtain an air operating permit under the Title V program, hereinafter referred to as a "Title V permit," shall pay to the Department of Environmental Quality an annual fee.
(2)
To facilitate the proper administration of the Title V program, the commission is authorized to assess and collect fees from any stationary source subject to the Title V program. The commission shall establish the amount of each fee to cover the costs of the Title V program as provided in Section
49-17-14
. The commission is further authorized to promulgate such rules and regulations as are necessary for the development and administration of the Title V program and the assessment and collection of the Title V program fees.
(3)
(a)
The fee schedule for Title V program fees shall be set annually by order of the commission in an amount sufficient to cover the reasonable costs of development and administration of the Title V program. The commission's order shall follow:
(i)
Receipt of the report and recommendations of the Advisory Council, if timely received; and
(ii)
A public hearing to be held not earlier than thirty (30) days following receipt by the commission of the report and recommendations of the Advisory Council.
(b)
The commission may proceed with entry of the order on fees if the Advisory Council fails to submit its report in a timely manner.
(c)
The order of the commission may be appealed in the manner set forth in Section
49-17-41
.
(d)
The determination of the fee set by order of the commission shall not be considered the promulgation of a regulation by the commission.
(e)
The record of the public hearing shall be included in the record upon which the order is based and shall become a part of the appellate records for all appeals taken from the order of the commission establishing or modifying Title V program fees. Any undisputed amount due from an appellant must be paid according to the appellant's payment schedule during the pendency of the appeal.
(4)
Any person required to pay the Title V program fee set forth under this chapter who disagrees with the calculation or applicability of the person's fee may petition the commission in writing for a hearing in accordance with Section
49-17-35
. Such hearing shall be in accordance with Section
49-17-33
. Any disputed portion of the fee for which a hearing has been requested will not incur any penalty or interest from and after the receipt by the commission of the hearing petition. The decision of the commission may be appealed in the manner set forth in Section
49-17-41
.
(5)
All fees collected pursuant to this section shall be deposited into the "Air Operating Permit Program Fee Trust Fund" established in Section
49-17-14
.
Laws, 1993, ch. 611, § 3; Laws, 2012, ch. 321, § 1, eff. 4/5/2012.
Amended by Laws, 2020, ch. 352, HB 1028,§ 3, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 17 - POLLUTION OF WATERS, STREAMS, AND AIR (§§ 49-17-1 — 49-17-775) › IN GENERAL (§§ 49-17-1 — 49-17-45) › Section 49-17-31 - Proceedings before commission

(a)
Whenever the commission or an employee thereof has reason to believe that a violation of any provision of Sections
49-17-1
through
49-17-43
or Sections
17-17-1
through
17-17-47
or a regulation or of any order of the commission or of any limitation or condition of a valid permit has occurred, the commission may cause a written complaint to be served upon the alleged violator or violators. The complaint shall specify the provisions of said sections or regulation or order or permit alleged to be violated and the facts alleged to constitute a violation thereof, and shall require that the alleged violator appear before the commission at a time and place specified in the notice and answer the charges complained of. Said time of appearance before the commission shall be not less than ten (10) days from the date of the service of the complaint.
(b)
The commission shall afford an opportunity for a fair hearing to the alleged violator or violators at the time and place specified in the complaint. On the basis of the evidence produced at the hearing, the commission shall make findings of fact and conclusions of law and enter such order as in its opinion will best further the purposes of Sections
49-17-1
through
49-17-43
and Sections
17-17-1
through
17-17-47
, and shall give written notice of such order to the alleged violator and to such other persons as shall have appeared at the hearing or made written request for notice of the order, and the commission may assess such penalties as hereinafter provided.
(c)
Except as otherwise expressly provided, any notice, or other instrument issued by or under authority of the commission may be served on any person affected thereby personally or by publication, and proof of such service may be made in like manner as in case of service of a summons in a civil action, such proof to be filed in the office of the commission; or such service may be made by mailing a copy of the notice, order, or other instrument by certified mail, directed to the person affected at his last known post-office address as shown by the files or records of the commission, and proof thereof may be made by the affidavit of the person who did the mailing, filed in the office of the commission.
Codes, 1942, § 7106-120; Laws, 1966, ch. 258, § 10; Laws, 1972, ch. 505, § 8; Laws, 1977, ch. 327, § 8; Laws, 1981, ch. 528, § 16; Laws, 1987, ch. 332, § 4, eff. 7/1/1987.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 17 - POLLUTION OF WATERS, STREAMS, AND AIR (§§ 49-17-1 — 49-17-775) › IN GENERAL (§§ 49-17-1 — 49-17-45) › Section 49-17-32 - Collection of fees

(1)
The commission may delegate to the Department of Environmental Quality the responsibility for the collection of the Title V program fees.
(2)
The Title V program fee shall be due September 1 of each year. Each owner or operator may elect a quarterly payment method of four (4) equal payments with the payments due September 1, December 1, March 1 and June 1. The owner or operator shall notify the Department of Environmental Quality that the quarterly payment method will be used by September 1.
(3)
If any part of the Title V program fee imposed is not paid within thirty (30) days after the due date, a penalty of ten percent (10%) of the amount due shall at once accrue and be added thereto, unless the permittee demonstrates to the commission that the failure to make timely payment was unavoidable due to financial hardship or otherwise beyond the permittee's control. If the fee is not paid in full, including any penalty within sixty (60) days of the due date, the Environmental Quality Permit Board may revoke the permit upon proper notice and hearing as required by law. Any penalty collected under this section shall be deposited into the "Air Operating Permit Program Fee Trust Fund."
(4)
Any owner or operator that fails to properly identify themselves subject to the Title V program may be subject to fees and penalties as determined by the commission.
(5)
It is the intent of the Legislature that fees collected pursuant to Sections
49-17-1
through
49-17-45
shall not supplant or reduce in any way the General Fund appropriation to the Department of Environmental Quality.
Laws, 1993, ch. 611, § 4; Laws, 1995, ch. 510, § 1, eff. 3/29/1995.
Amended by Laws, 2020, ch. 352, HB 1028,§ 4, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 17 - POLLUTION OF WATERS, STREAMS, AND AIR (§§ 49-17-1 — 49-17-775) › IN GENERAL (§§ 49-17-1 — 49-17-45) › Section 49-17-33 - Hearings

The hearings herein provided may be conducted by the commission itself at a regular or special meeting of the commission, or the commission may designate a hearing officer, who may be the executive director, who shall have the power and authority to conduct such hearings in the name of the commission at any time and place as conditions and circumstances may warrant. The hearing officer shall have the record prepared of any hearing which he has conducted for the commission. Such record shall be submitted to the commission along with that hearing officer's findings of fact and recommended decision. Upon receipt and review of the record of the hearing and the hearing officer's findings of fact and recommended decision, the commission shall thereupon render its final decision in the matter. Any person ordered to appear for an alleged violation shall have the right to request a hearing before a majority of the commission if he prefers and such a hearing may then be set for the next regular meeting of the full commission, or specially. A verbatim record of the proceedings of such hearings shall be taken and filed with the commission, together with findings of fact and conclusions of law made by the commission. Witnesses who are subpoenaed shall receive the same fees and mileage as in civil actions. In case of contumacy or refusal to obey a notice of hearing or subpoena issued under this section, the circuit court shall have jurisdiction, upon application of the commission or its representative, to issue an order requiring such person to appear and testify or produce evidence as the case may require and any failure to obey such order of the court may be punished by such court as contempt thereof. Failure to appear at any such hearing, without prior authorization to do so from the commission or its designee, may result in the commission finding the alleged violator guilty of the charges complained of by default, and at such time an order may be entered, including the assessment of a penalty, which, in the opinion of the commission, will best further the purposes of Section
17-17-1
et seq., and Section
49-17-1
et seq.
Codes, 1942, § 7106-121; Laws, 1966, ch. 258, § 11; Laws, 1972, ch. 505, § 9; Laws, 1987, ch. 332, § 5, eff. 7/1/1987.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 17 - POLLUTION OF WATERS, STREAMS, AND AIR (§§ 49-17-1 — 49-17-775) › IN GENERAL (§§ 49-17-1 — 49-17-45) › Section 49-17-34 - Air and water permits; applications; rules, regulations and standards; administrative procedures

(1)
Within fifteen (15) days after receipt by the Department of Environmental Quality an application for any initial or modified air or water permit required under the Mississippi Air and Water Pollution Control Law that is submitted after April 16, 1993 the Department of Environmental Quality shall acknowledge in writing receipt of such application. Except for good cause shown, within forty-five (45) days after receipt of a permit application, the Department of Environmental Quality shall notify the applicant that the application is complete or of the major components required to complete the application.
(2)
All rules, regulations and standards relating to air quality, water quality or air emissions or water discharge standards promulgated by the commission after April 16, 1993 shall be consistent with and shall not exceed the requirements of federal statutes and federal regulations, standards, criteria and guidance relating to air quality, water quality or air emission or water discharge standards that have been duly promulgated pursuant to the federal Administrative Procedures Act, including but not limited to the identity and scope of air pollutants included as air toxics or air quality or emission standards, the identity and scope of water pollutants included as water quality or discharge standards and the numerical and narrative limitations of such standards.
(3)
If there are no federal statutes or federal regulations, standards, criteria or guidance that have been duly promulgated pursuant to the federal Administrative Procedures Act addressing matters relating to air quality or water quality, or air emission or water discharge standards, the commission may promulgate regulations to address these matters in accordance with the Mississippi Administrative Procedures Act, when the commission determines that such regulations are necessary to protect human health, welfare or the environment.
(4)
For any initial or modified air or water permit issued from and after January 1, 1994, except with the written consent of the permit applicant, no provision or condition imposing any duty, responsibility or liability on the permittee shall be included in such permit, the direct basis for which has not been first promulgated as a regulation by the commission in accordance with the requirements of the Mississippi Administrative Procedures Act. "Direct basis" shall mean that such permit provisions or conditions shall not exceed the scope, coverage and effect of the regulation upon which it is based including, but not limited to, frequency or time limit of action, technology, identity and scope of pollutants regulated, numerical or narrative standards or limitations.
Laws, 1993, ch. 611, § 6, eff. 4/16/1993.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 17 - POLLUTION OF WATERS, STREAMS, AND AIR (§§ 49-17-1 — 49-17-775) › IN GENERAL (§§ 49-17-1 — 49-17-45) › Section 49-17-35 - Request for hearing

Any interested person shall have the right to request the commission to call a hearing for the purpose of taking action in respect to any matter within the jurisdiction of the commission by making a request therefor in writing. Upon receipt of any such request, the commission shall conduct such investigations as it deems necessary and may call a special hearing or may schedule such matter for its next regular meeting or hearing day, and after such hearings and with all convenient speed and in any event within thirty (30) days after the conclusion of such hearing shall take such action on the subject matter thereof as it may deem appropriate.
Codes, 1942, § 7106-125; Laws, 1966, ch. 258, § 15; Laws, 1972, ch. 505, § 13, eff. 5/18/1972.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 17 - POLLUTION OF WATERS, STREAMS, AND AIR (§§ 49-17-1 — 49-17-775) › IN GENERAL (§§ 49-17-1 — 49-17-45) › Section 49-17-36 - Violations; penalties

(1)
It is unlawful for any person to knowingly:
(a)
fail to pay any fee assessed by the commission for administration of the federal air operating permit program;
(b)
fail to satisfy any air operating permit filing requirement;
(c)
make any false statement, representation of certification in any notice or report required by an air operating permit; or
(d)
render inaccurate any air monitoring device or method required by an air operating permit; and, upon conviction thereof, such person shall be punished by a fine of not less than Two Thousand Five Hundred Dollars ($2,500.00) nor more than Twenty-five Thousand Dollars ($25,000.00) per day of violation.
(2)
In determining the amount of penalty under this section, the following shall be considered at a minimum:
(a)
The willfulness of the violation;
(b)
Any damage to air, water, land or other natural resources of the state or their uses;
(c)
Costs of restoration or abatement;
(d)
Economic benefit as a result of noncompliance;
(e)
The seriousness of the violation, including any harm to the environment and any hazard to the health, safety and welfare of the public; and
(f)
Past performance history.
(3)
All fines collected by the commission under this section shall be deposited into the Pollution Emergency Fund established under Section
49-17-68
, Mississippi Code of 1972.
Laws, 1993, ch. 611, § 7, eff. 4/16/1993.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 17 - POLLUTION OF WATERS, STREAMS, AND AIR (§§ 49-17-1 — 49-17-775) › IN GENERAL (§§ 49-17-1 — 49-17-45) › Section 49-17-37 - Transcript of hearings

All hearings before the commission shall be recorded either by a court reporter or by tape or mechanical recorders and subject to transcription upon order of the commission or any interested party, but in the event that the request for transcription originates with an interested party, such party shall pay the cost thereof.
Codes, 1942, § 7106-126; Laws, 1966, ch. 258, § 16, eff. 7/1/1966.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 17 - POLLUTION OF WATERS, STREAMS, AND AIR (§§ 49-17-1 — 49-17-775) › IN GENERAL (§§ 49-17-1 — 49-17-45) › Section 49-17-39 - Protection of confidential information

Information obtained by the commission concerning environmental protection including but not limited to information contained in applications for air emission equipment construction permits and water discharge permits shall be public information and shall be made available upon proper request. Other information obtained by the commission, department or permit board in the administration of Sections
49-17-1
through
49-17-43
concerning trade secrets, including, but not limited to, marketing or financial information, processes, devices, methods of manufacture, or production capabilities or amounts shall be kept confidential, if and only if:
(a)
a written confidentiality claim is made when the information is supplied;
(b)
such confidentiality claim allows disclosure of the confidential information to authorized department employees and/or the United States Environmental Protection Agency (EPA); and
(c)
such confidentiality claim is determined by the commission to be valid. If the confidentiality claim is denied, the information sought to be covered thereby shall not be released or disclosed, except to the Environmental Protection Agency, until the claimant has been notified in writing and afforded an opportunity for a hearing and appeal therefrom, as with other orders of the commission. Disclosure of confidential information by the EPA should be governed by federal law and EPA regulations. Anyone making unauthorized disclosure of information determined to be confidential as herein provided shall be liable in a civil action for damages arising therefrom and shall also be guilty of a misdemeanor punishable as provided by law.
Codes, 1942, § 7106-117; Laws, 1966, ch. 258, § 7; Laws, 1977, ch. 327, § 9; Laws, 1981, ch. 528, § 17; Laws, 1987, ch. 332, § 2, eff. 7/1/1987.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 17 - POLLUTION OF WATERS, STREAMS, AND AIR (§§ 49-17-1 — 49-17-775) › IN GENERAL (§§ 49-17-1 — 49-17-45) › Section 49-17-42 - Consideration as "owner"; exemption from liability

(1)
Any lender or holder who maintains indicia of ownership primarily to protect an interest in a property, facility, or other person, and who does not participate in the management of the property, facility, or other person, shall not be considered an owner or operator of that property, facility, or other person, nor liable under any pollution control or other environmental protection law, or any rule or regulation or written order of the commission in pursuance thereof, for the prevention, clean-up, removal, remediation or abatement of any pollution, hazardous waste or solid waste placed, released or dumped on, in, about or near the property, facility or other person or caused by any operator on or of the property, facility or other person.
(2)
This section shall apply to actions commenced by the commission or by third parties.
(3)
In implementing this section, the commission shall adopt regulations equivalent to those proposed by the United States Environmental Protection Agency for this purpose.
(4)
This section shall apply to all interests existing at the time of passage of this chapter and thereafter created, whether secured or unsecured.
Laws, 1995, ch. 627, § 4, eff. 7/1/1995.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 17 - POLLUTION OF WATERS, STREAMS, AND AIR (§§ 49-17-1 — 49-17-775) › IN GENERAL (§§ 49-17-1 — 49-17-45) › Section 49-17-44.1 - Petition for appointment of receiver to operate and manage abandoned or grossly mismanaged sewer systems

If the commission determines that any privately owned sewer system that is certificated by the Public Service Commission and within its jurisdiction has been actually or effectively abandoned by its owner, or that its management is grossly inefficient or irresponsible, and the abandonment or management has created an environmental problem that endangers public health, the commission may petition the chancery court of any county wherein the privately-owned sewer system is located for an order attaching the assets of the privately-owned sewer system and placing such sewer system under the sole control and responsibility of a receiver. Any person served by the sewer system shall have standing to intervene in the chancery proceeding as an interested party. If the court determines that the petition is proper in all respects and finds, after a hearing thereon, the allegations contained in the petition are true, it shall order that the sewer system be placed in receivership. The court, in its discretion and in consideration of the recommendation of the commission, may appoint a receiver who shall be a responsible individual, partnership, corporation or political subdivision knowledgeable in sewer service affairs and who shall maintain control and responsibility for the operation and management of the affairs of such sewer system. The receiver shall operate the sewer system so as to preserve the assets of the sewer system and to serve the best interests of its customers while protecting public health and welfare and the environment. The receiver shall be compensated from the assets of the sewer system in an amount to be determined by the court. Control of and responsibility for the sewer system shall remain in the receiver until the court determines that it is in the best interests of the customers and the public interest that the sewer system be returned to the owner, transferred to another owner, or assumed by another sewer system or public service corporation. If the court, after hearing, determines that control of and responsibility for the affairs of the sewer system should not be returned to the legal owner thereof, the receiver may proceed to liquidate the assets of the sewer system in the manner provided by law. Mississippi laws and Mississippi Rules of Civil Procedure generally applicable to receivership shall govern receiverships created under this section. Any new owner or operator of a sewer system transferred or liquidated by the receiver or the chancery court under this subsection shall obtain all necessary permits and approvals from the Permit Board, the Public Service Commission and any other applicable state or local agencies.
Laws, 2002, ch. 487, § 1, eff. 3/27/2002.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 17 - POLLUTION OF WATERS, STREAMS, AND AIR (§§ 49-17-1 — 49-17-775) › WATER POLLUTION ABATEMENT GRANT PROGRAM (§§ 49-17-61 — 49-17-70) › Section 49-17-63 - Loans in aid; eligibility

Loans in aid of construction in amounts of Five Hundred Thousand Dollars ($500,000.00) or less made from state funds shall be made to the political subdivision eligible to receive such loan immediately upon approval of the award by the appropriate federal agency or agencies of a contract, or contracts, for construction.
The remainder of any such loan in aid of construction from state funds shall be made in installments in accord with rules and regulations adopted by the bureau of pollution control of the department of natural resources as authorized by subsection (h) of Section
49-17-17
, Mississippi Code of 1972.
All such loans in aid of construction shall be made subject to the availability of funds.
Codes, 1942, § 7106-144; Laws, 1971, ch. 456, § 4; Laws, 1983, ch. 383, § 2, eff. 3/23/1983.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 17 - POLLUTION OF WATERS, STREAMS, AND AIR (§§ 49-17-1 — 49-17-775) › WATER POLLUTION ABATEMENT GRANT PROGRAM (§§ 49-17-61 — 49-17-70) › Section 49-17-65 - Waste disposal plants; construction loans; pledge for repayment; disposition of repaid funds; renegotiation of certain loans

(1)
Any political subdivision desiring to construct a waste disposal plant approved by the Office of Pollution Control of the Department of Environmental Quality, and which receives a loan from the state for that purpose, shall pledge for the repayment of such loan that part of the sales tax reimbursement to which it is entitled under Section
27-65-75
as may be required to meet a repayment schedule adopted by the State Tax Commission. The repayment schedule shall provide for monthly payments, the largest of which shall not exceed the average monthly payment for the term of years of the contract by more than fifteen percent (15%). The repayment schedule shall provide for the repayment of all funds received within not more than twenty (20) years from the date said loan is actually received by the political subdivision; however, the repayment schedule and the time for repayment of all funds received on loans renegotiated under subsection (6) of this section shall be modified by the State Tax Commission to conform with the terms of the renegotiated loan. The State Tax Commission shall withhold monthly from the amount to be remitted to a political subdivision, a sum equal to the next monthly payment.
(2)
When bonds shall have been issued by the State of Mississippi to generate funds to be used for loans to be made under the provisions of Section
49-17-61
, all payments made in repayment under this section shall be deposited into the Water Pollution Abatement Bond Fund established under the provisions of Section
49-17-61
so long as any such bonds shall be outstanding and unpaid.
(3)
When all the bonds shall have been paid, such payments shall be deposited in the Water Pollution Abatement Loan Fund ("loan fund") established under the provisions of Section
49-17-61
.
(4)
When no such bonds shall be outstanding and unpaid, the payments shall be deposited in the loan fund.
(5)
Funds on deposit in the loan fund may be used to make loans in aid of construction for water pollution abatement upon appropriation by the Legislature.
(6)
The Department of Environmental Quality may, on a case-by-case basis, renegotiate the payment of principal on loans made under Sections
49-17-61
through
49-17-70
to political subdivisions located in the six (6) most southern counties of the state covered by the Presidential Declaration of Major Disaster for the State of Mississippi (FEMA-1604-DR) dated August 29, 2005; however, the maturity of the loans shall not be extended for a period of more than forty-eight (48) months.
Codes, 1942, § 7106-141; Laws, 1971, ch. 496, § 1; Laws, 1983, ch. 383, § 3; Laws, 2006, ch. 545, § 2, eff. 4/18/2006.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 17 - POLLUTION OF WATERS, STREAMS, AND AIR (§§ 49-17-1 — 49-17-775) › WATER POLLUTION ABATEMENT GRANT PROGRAM (§§ 49-17-61 — 49-17-70) › Section 49-17-67 - Repayment agreement

Before any political subdivision shall receive any loan it shall have executed with the state tax commission a repayment agreement, a copy of which must also be filed with the bureau of pollution control of the department of natural resources, after which the bureau shall enter upon its minutes a certificate certifying that the waste disposal plant has been approved, a copy of which certificate must be delivered to and filed with the Mississippi State Tax Commission. The repayment schedule hereinabove provided for shall not be construed to prohibit any recipient from prepaying any part or all of the funds received.
Codes, 1942, § 7106-142; Laws, 1971, ch. 496, § 2; Laws, 1983, ch. 383, § 4, eff. 3/23/1983.