reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 17 - SOLID WASTES DISPOSAL (§§ 17-17-1 — 17-17-507) › DISPOSAL OF WASTE TIRES AND LEAD ACID BATTERIES; RIGHT-WAY-TO-THROW-AWAY PROGRAM (§§ 17-17-401 — 17-17-445) › Section 17-17-443 - Registration and approval of programs for collection and management of household hazardous wastes; maintenance and submission of records

No person shall establish a program for the collection and management of household hazardous wastes until such program has been registered with and approved by the department. Each person shall also maintain and submit records to the department as required under the guidelines developed under Section
17-17-445
.
Laws, 1991, ch. 531, § 22, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 17 - SOLID WASTES DISPOSAL (§§ 17-17-1 — 17-17-507) › DISPOSAL OF WASTE TIRES AND LEAD ACID BATTERIES; RIGHT-WAY-TO-THROW-AWAY PROGRAM (§§ 17-17-401 — 17-17-445) › Section 17-17-445 - Powers and duties regarding administration of program

(1)
The department shall have the following powers and duties in the administration of the Right-Way-To-Throw-Away Program established under Sections
17-17-439
through
17-17-445
:
(a)
To determine the types of household hazardous wastes to be handled in the program;
(b)
To approve any collection contractor or contractors used in the implementation of a local household hazardous waste collection and management program;
(c)
To prepare a request for proposals, select a collection contractor and facilitate the use of that contractor on a statewide basis to conduct all local household hazardous waste collection and management programs;
(d)
To establish guidelines for the registration and operations of household hazardous waste collection and management programs;
(e)
To inspect any collection site operated under Sections
17-17-439
through
17-17-445
to insure that collection is performed in a safe and environmentally sound manner;
(f)
To develop record keeping requirements identifying types and amounts of household hazardous wastes collected, entities submitting household hazardous waste and the points of ultimate disposition;
(g)
To submit an annual report to the Governor and the Legislature summarizing the operation and costs of the program, including location of sites, types and amounts of waste collected, entities disposing of waste at the collection sites and the methods utilized for disposal of the wastes; and
(h)
To exercise any other powers and duties as the department may require to administer the Right-Way-To-Throw-Away Program.
(2)
The commission may consolidate any grant provided under this section with any grant provided under the local governments solid waste assistance program or the waste tire management program. Funds provided through any consolidated grant shall be used in accordance with the program under which the funds are provided.
Laws, 1991, ch. 531, § 23; Laws, 1992, ch. 583 § 10; Laws, 1997, ch. 544, § 9, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 17 - SOLID WASTES DISPOSAL (§§ 17-17-1 — 17-17-507) › DISCLOSURE REQUIREMENTS OF APPLICANTS FOR COMMERCIAL HAZARDOUS OR NONHAZARDOUS SOLID WASTE FACILITY PERMITS (§§ 17-17-501 — 17-17-507) › Section 17-17-501 - Definitions

The following words and phrases shall have the meanings ascribed herein unless the context clearly indicates otherwise:
(a)
"Applicant" means any person except a public agency applying for a permit to operate and/or construct a commercial nonhazardous solid waste management facility or commercial hazardous waste management facility. If a public agency applies for a permit and proposes to operate a facility by contract, the contractor shall also be required to file a disclosure statement as described in Section
17-17-503
and the permit board shall evaluate such statement as described in Section
17-17-505
.
(b)
"Business concern" means any corporation, association, firm, partnership, trust, joint venture or other form of commercial organization.
(c)
"Key employee" means any person employed by an applicant in a management capacity and empowered to make operational or financial management decisions with respect to solid waste or hazardous waste management operations of the business concern as determined by the commission, but shall not include employees primarily engaged in the physical or mechanical treatment, processing, storage or disposal of solid or hazardous waste.
(d)
"Public agency" means any incorporated city or town, county, political subdivision, governmental district or unit, public corporation, public institution of higher learning, community college district, planning and development district or governmental agency created under the laws of the state.
Laws, 1991, ch. 583, § 1, eff. 4/12/1991.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 17 - SOLID WASTES DISPOSAL (§§ 17-17-1 — 17-17-507) › DISCLOSURE REQUIREMENTS OF APPLICANTS FOR COMMERCIAL HAZARDOUS OR NONHAZARDOUS SOLID WASTE FACILITY PERMITS (§§ 17-17-501 — 17-17-507) › Section 17-17-507 - Consideration of performance history of public agencies applying for permits

If a public agency applies for a permit, the permit board shall consider the performance history of the public agency as prescribed by Section
17-17-27
. The provisions of Sections
17-17-501
through
17-17-507
shall be supplemental and in addition to Section
17-17-27
, Mississippi Code of 1972.
Laws, 1991, ch. 583, § 4, eff. 4/12/1991.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 18 - MISSISSIPPI HAZARDOUS WASTE FACILITY SITING ACT OF 1990 (§§ 17-18-1 — 17-18-47) › Section 17-18-1 - Short title

This chapter shall be known and may be cited as the "Mississippi Hazardous Waste Facility Siting Act of 1990."
Laws, 1990, ch. 506, § 1, eff. 3/31/1990.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 18 - MISSISSIPPI HAZARDOUS WASTE FACILITY SITING ACT OF 1990 (§§ 17-18-1 — 17-18-47) › Section 17-18-3 - Legislative intent

It is the intent of the Legislature that:
(a)
The generation of hazardous waste should be reduced or eliminated at the source and hazardous waste that is generated should be recycled, reused or minimized; and
(b)
This chapter shall describe a process to identify appropriate hazardous waste management technologies and to site a state commercial hazardous waste management facility and if determined necessary design, finance, construct and operate a state commercial hazardous waste management facility.
Laws, 1990, ch. 506, § 2, eff. 3/31/1990.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 18 - MISSISSIPPI HAZARDOUS WASTE FACILITY SITING ACT OF 1990 (§§ 17-18-1 — 17-18-47) › Section 17-18-5 - Definitions

For purposes of this chapter the following terms shall have the meanings ascribed to them in this section unless the context clearly indicates otherwise:
(a)
"Advisory committee" means the designated site local advisory committee created under Section
17-18-35
.
(b)
"Authority" means the Hazardous Waste Facility Siting Authority created under Section
17-18-7
.
(c)
"Committee" means the Hazardous Waste Technical Siting Committee created under Section
17-18-11
.
(d)
"Department" means the Department of Finance and Administration.
(e)
"Hazardous waste" means hazardous waste as defined under Section
17-17-3
.
(f)
"Local governmental unit" means any town, municipality or county.
(g)
"State commercial hazardous waste management facility" means a facility which receives hazardous wastes directly or indirectly from more than one (1) generator for the storage, processing, treatment, recycling, recovery or disposal of hazardous wastes for a fee and is authorized under this chapter.
Laws, 1990, ch. 506, § 3, eff. 3/31/1990.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 18 - MISSISSIPPI HAZARDOUS WASTE FACILITY SITING ACT OF 1990 (§§ 17-18-1 — 17-18-47) › Section 17-18-7 - Hazardous Waste Facility Siting Authority

(1)
There is hereby created the Hazardous Waste Facility Siting Authority, which shall be located within the Department of Finance and Administration. The authority shall exercise all of its powers independently of the department and, notwithstanding any other provision of law, shall be subject to the direction and supervision of the executive director of the department only with respect to the management functions of administration, coordination and reporting.
(2)
The authority shall continue in existence until thirty (30) days after the department acquires a site. Upon the termination of the authority all of its rights and properties shall pass to and be vested in the state.
(3)
The department shall provide such technical, clerical and other support services and personnel as the authority may require in the performance of its functions. The executive director of the department shall be the chief administrative officer of the authority.
(4)
The Governor shall appoint five (5) members, one (1) from each congressional district as constituted on January 1, 1990, with the advice and consent of the Senate. Members of the authority shall include persons with expertise available in the technical, legal, financial and other aspects of hazardous waste management and shall represent insofar as practicable the diverse interests of the state. Original appointments to this authority shall be made on or before July 1, 1990, and shall be for a term ending thirty (30) days after the state acquires the site. The Governor shall require adequate disclosure of potential conflicts of interest by members of the authority. Vacancies on the authority shall be filled by appointment in the same manner as the original appointments.
(5)
Members of the authority shall receive per diem as provided by Section
25-3-69
and reimbursement of travel expenses as provided by Section
25-3-41
for each day spent in the actual discharge of their duties when attending a meeting of the authority.
Laws, 1990, ch. 506, § 6, eff. 3/31/1990.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 18 - MISSISSIPPI HAZARDOUS WASTE FACILITY SITING ACT OF 1990 (§§ 17-18-1 — 17-18-47) › Section 17-18-9 - Powers and duties of authority

The authority shall exercise the following powers and duties in carrying out the purposes of this chapter:
(a)
It shall adopt rules specifying the criteria and methodology for site selection as submitted by the Hazardous Waste Technical Siting Committee.
(b)
It shall select one (1) site as the designated site for the state commercial hazardous waste management facility from the three (3) candidate sites submitted by the Hazardous Waste Technical Siting Committee. The site selection shall be made in writing to the Governor and executive director of the department.
(c)
It may conduct or cause to be conducted any studies, analyses or evaluations.
(d)
It may apply and contract for and accept any grants or gifts in furtherance of the activities of the authority.
(e)
It may enter into contracts and perform all acts necessary, convenient or desirable to carry out any power expressly granted to the authority under this chapter. All contracts shall be executed by the Department of Finance and Administration subject to final approval by the authority.
(f)
It shall conduct such public meetings or hearings as may be necessary or appropriate and make a permanent record thereof, in furtherance of the activities of the authority.
Laws, 1990, ch. 506, § 7, eff. 3/31/1990.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 18 - MISSISSIPPI HAZARDOUS WASTE FACILITY SITING ACT OF 1990 (§§ 17-18-1 — 17-18-47) › Section 17-18-11 - Hazardous Waste Technical Siting Committee

(1)
There is hereby created the Hazardous Waste Technical Siting Committee, which shall be located within the Department of Finance and Administration. The committee shall exercise all of its powers independently of the department and, notwithstanding any other provision of law, shall be subject to the direction and supervision of the executive director of the department only with respect to the management functions of administration, coordination and reporting.
(2)
The committee shall continue in existence until thirty (30) days after facility operation begins. Upon the termination of the committee all of its rights and properties shall pass to and be vested in the state.
(3)
The department shall provide such technical, clerical and other support services and personnel as the committee may require in the performance of its functions. The executive director of the department shall be the chief administrative officer of the committee.
(4)
The committee shall not exceed twelve (12) members: one (1) of whom shall be the director of the emergency management agency, one (1) of whom shall be the state economist, one (1) of whom shall be the Executive Director of the Department of Economic and Community Development, one (1) of whom shall be the Director of the Highway Department, one (1) of whom shall be the State Chemist and not more than seven (7) members to be appointed by the Commissioner of Higher Education from persons with technical expertise in geology, water resources, environmental engineering, environmental biology/ecology, environmental health, sociology, governmental affairs, production agriculture or cultural resources. The Commissioner of Higher Education shall appoint the members on or before July 1, 1990. Members appointed by the Commissioner of Higher Education shall be knowledgeable in aspects of hazardous waste management.
(5)
Members of the committee may designate substitute or alternate members to act in their stead should they be unable to attend any meeting or perform any function of the committee.
(6)
Members of the committee shall be reimbursed for expenses in accordance with Section
25-3-41
.
Laws, 1990, ch. 506, § 8, eff. 3/31/1990.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 18 - MISSISSIPPI HAZARDOUS WASTE FACILITY SITING ACT OF 1990 (§§ 17-18-1 — 17-18-47) › Section 17-18-13 - Powers and duties of committee

The committee shall exercise the following powers and duties in carrying out the purposes of this chapter:
(a)
It shall recommend to the authority, in accordance with the hazardous waste management category determination as provided in Section
49-29-7
, the technology and design capacity for each component of the state commercial hazardous waste management facility operated under this chapter.
(b)
It shall develop criteria and methodology for selecting sites for the state hazardous waste management facility.
(c)
It shall actively seek volunteer communities interested in hosting the state commercial hazardous waste management facility.
(d)
It shall implement the site selection criteria and the site selection methodology to determine three (3) candidate sites for the state commercial hazardous waste management facility. The determination shall be made in writing to the Hazardous Waste Facility Siting Authority. Priority shall be given to the evaluation of potential sites located on state-owned property and in communities volunteering to host the state commercial hazardous waste management facility. If the site is to be located on state-owned land, then the site shall consist of a tract of land of not less than three hundred (300) acres owned by the state on March 31, 1990, but it shall not be necessary for the entire tract to be used in the operation of the facility.
(e)
It may request information and assistance from any state agency which has data or expertise which would assist the committee in the identification of sites, provided that no agency which has authority to issue a license or permit for the construction or operation of the facility shall participate in the site selection process in any way that would result in an actual or apparent conflict of interest.
(f)
It may conduct, or cause to be conducted, any studies, analyses or evaluations.
(g)
It may apply and contract for and accept any grants or gifts in furtherance of the activities of the committee.
(h)
It may enter into contracts and do all acts necessary, convenient or desirable to carry out any power expressly granted to the committee under this chapter. All contracts shall be executed by the Department of Finance and Administration subject to final approval by the committee.
(i)
It shall conduct such public meetings or hearings as may be necessary or appropriate and make a permanent record thereof, in furtherance of the activities of the committee.
Laws, 1990, ch. 506, § 9, eff. 3/31/1990.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 18 - MISSISSIPPI HAZARDOUS WASTE FACILITY SITING ACT OF 1990 (§§ 17-18-1 — 17-18-47) › Section 17-18-15 - Committee to develop site-selection criteria and methodology; considerations; public hearing

(1)
On or before April 1, 1991, the committee shall develop criteria and methodology for selecting sites for the state commercial hazardous waste management facility. Site-selection criteria and methodology shall be specifically adapted to take into account the technologies and design capacity of the state commercial hazardous waste management facility. Site-selection criteria and methodology shall be developed with and provide for public participation; shall be incorporated into rules; shall include a written justification for each criterion; shall be consistent with all applicable federal and state laws, including statutes, regulations and rules; shall be developed in light of the best available scientific data; shall be applied equally to all counties of the state and shall be based on consideration of at least the following factors:
(a)
Hydrological and geological factors, including, but not limited to, flood plains, depth to water table, groundwater travel time, soil pH, soil cation exchange capacity, soil composition and permeability, cavernous bedrock, seismic activity, slope and climate;
(b)
Environmental and public health factors, including, but not limited to, air quality, quality of surface and groundwater and proximity to public water supply/watersheds;
(c)
Natural and cultural resources, including, but not limited to, wetlands, game lands, endangered species habitats, proximity to parks, forests, wilderness areas, nature preserves and historic sites;
(d)
Socioeconomic factors, including, but not limited to, impact on local land uses, property values and governmental services;
(e)
Transportation factors, including, but not limited to, proximity to waste generators, route safety and method of transportation;
(f)
Aesthetic factors, including, but not limited to, visibility, appearance and noise level of the facility;
(g)
Availability and reliability of public utilities;
(h)
Availability of emergency response personnel and equipment.
(2)
The committee shall hold a public hearing prior to the finalization of the site selection criteria and the site selection methodology.
Laws, 1990, ch. 506, § 10, eff. 3/31/1990.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 18 - MISSISSIPPI HAZARDOUS WASTE FACILITY SITING ACT OF 1990 (§§ 17-18-1 — 17-18-47) › Section 17-18-19 - Committee to recommend sites for facility

(1)
On or before October 1, 1991, the committee shall recommend in writing to the authority three (3) candidate sites for the state commercial hazardous waste management facility. The recommendation shall include a comparative evaluation relative to the site selection criteria of each candidate site with other sites and locations that were considered and a description of the implementation of the site selection methodology by which the sites were recommended. Priority shall be given to the recommendation of candidate sites meeting all of the site selection criteria located on state-owned land described in Section
17-18-13(d)
and in communities interested in voluntarily hosting the state commercial hazardous waste management facility.
(2)
The committee shall hold a public hearing in the county of each of the three (3) candidate sites prior to their recommendation to the authority.
Laws, 1990, ch. 506, § 12, eff. 3/31/1990.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 18 - MISSISSIPPI HAZARDOUS WASTE FACILITY SITING ACT OF 1990 (§§ 17-18-1 — 17-18-47) › Section 17-18-21 - Authority to designate site for facility

(1)
On or before January 1, 1992, the authority shall submit in writing to the Governor and the executive director of the department the designated site for the state commercial hazardous waste management facility. The designation shall include a description of the decision process by which the designated site was selected. Priority shall be given to the selection of a designated site meeting all of the site selection criteria located on state-owned land described in Section
17-18-13(d)
and in communities interested in voluntarily hosting the state commercial hazardous waste management facility.
(2)
The authority shall hold a public hearing in the county of each of the three (3) candidate sites prior to their submission of the designated site to the Governor and the executive director of the department.
(3)
If it is determined that any permit or license necessary for the construction or operation of the state commercial hazardous waste management facility cannot be obtained if the facility is located at the designated site, then the authority shall designate a site from the remaining two (2) candidate sites.
Laws, 1990, ch. 506, § 13, eff. 3/31/1990.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 18 - MISSISSIPPI HAZARDOUS WASTE FACILITY SITING ACT OF 1990 (§§ 17-18-1 — 17-18-47) › Section 17-18-23 - Acquisition of selected site

On or before October 1, 1992, the executive director of the department shall purchase or, if necessary, otherwise acquire property for the site on behalf of the state. If purchased, fee simple title to real property shall be vested in the State of Mississippi by and through the department.
Laws, 1990, ch. 506, § 14, eff. 3/31/1990.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 18 - MISSISSIPPI HAZARDOUS WASTE FACILITY SITING ACT OF 1990 (§§ 17-18-1 — 17-18-47) › Section 17-18-25 - Contracts for design, construction and operation of facility; failure to execute contracts

The department shall actively seek a qualified private contractor or contractors to design, construct and operate the state commercial hazardous waste management facility. A single contractor may design, construct and operate the facility. If the department is unable to successfully negotiate and execute a contract or contracts for the design, construction and operation of the state commercial hazardous waste management facility not later than January 1, 1993, the executive director of the department shall certify to the Governor in writing that the department has taken all actions necessary or convenient to secure an executed contract or contracts for the design, construction and operation of the state commercial hazardous waste management facility. After the written certification, the department shall design, construct and operate the state commercial hazardous waste management facility.
Laws, 1990, ch. 506, § 15, eff. 3/31/1990.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 18 - MISSISSIPPI HAZARDOUS WASTE FACILITY SITING ACT OF 1990 (§§ 17-18-1 — 17-18-47) › Section 17-18-27 - Sale of site property

The department may sell the real property for the site and any improvements thereon to any non-governmental entity that meets all requirements mandated by federal law and regulations and all requirements mandated by state law and regulations for the operation of a commercial hazardous waste management facility. If the department decides to sell the property, then the property shall be offered for sale on the basis of competitive bidding after advertisement therefor and such property shall be sold to the highest and best bidder, but in no event shall the property be sold at less than the appraised value at the time of the sale as determined by three (3) competent appraisers selected by the department. If all bids received by the department are insufficient, the department may reject all bids received and readvertise for bids.
Laws, 1990, ch. 506, § 16, eff. 3/31/1990.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 18 - MISSISSIPPI HAZARDOUS WASTE FACILITY SITING ACT OF 1990 (§§ 17-18-1 — 17-18-47) › Section 17-18-29 - Site closure plan; post-closure monitoring; maintenance and remedial actions

(1)
The department shall enter into an agreement with the operator of the state commercial hazardous waste management facility for the safe and proper closure of the facility. The operator's site closure plan shall be subject to the approval of the department. The approval of the department under this section is in addition to the approval of the Department of Environmental Quality in accordance with the rules and regulations of the Commission on Environmental Quality. The department may employ an independent contractor to properly close the state commercial hazardous waste management facility and to ensure the site is stabilized.
(2)
The department shall provide for such post-closure physical surveillance and environmental monitoring of the state commercial hazardous waste management facility as may be required by the Department of Environmental Quality, the U.S. Environmental Protection Agency and by agreement with the host community.
(3)
The department shall provide through its own personnel, private contractor, cooperative agreement with other governmental agencies or any combination thereof, any active maintenance or remedial actions that may be required. Payment for the costs thereof shall be made from the perpetual care fund established pursuant to this chapter.
Laws, 1990, ch. 506, § 17, eff. 3/31/1990.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 18 - MISSISSIPPI HAZARDOUS WASTE FACILITY SITING ACT OF 1990 (§§ 17-18-1 — 17-18-47) › Section 17-18-31 - Perpetual Care Fund; purposes of fund; funding

(1)
There is hereby created in the State Treasury a fund to be designated as the "Perpetual Care Fund," hereinafter referred to in this section as "fund," which may be used for:
(a)
Administration of the fund;
(b)
Emergency response and decontamination at the state commercial hazardous waste management facility;
(c)
Post-closure physical surveillance, environmental monitoring, maintenance, care, custody and remedial action at the state commercial hazardous waste management facility.
(2)
Expenditures may be made from the fund upon requisition to the Treasurer by the executive director of the department.
(3)
The fund shall be treated as a special trust fund. Interest earned on the principal therein shall be credited by the Treasurer to the fund.
(4)
In addition to any money that may be appropriated or otherwise made available to it, the fund shall be maintained by user fees and other charges, including nonregulatory penalties, surcharges or other money paid to or recovered by or on behalf of the department.
(5)
Fees and other charges shall at all times be sufficient to build and maintain the fund balance at a level determined by the department, in consultation with the Department of Environmental Quality.
(6)
The establishment of this fund shall in no way be construed to relieve or reduce the liability of any facility operator, contractor or other person for damages resulting from the operation of the state commercial hazardous waste management facility.
Laws, 1990, ch. 506, § 18, eff. 3/31/1990.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 18 - MISSISSIPPI HAZARDOUS WASTE FACILITY SITING ACT OF 1990 (§§ 17-18-1 — 17-18-47) › Section 17-18-33 - Fees generally; contracts for operation of facilities; cost considerations in establishing and revising fee schedules; use of excess funds

(1)
For the state commercial hazardous waste management facility the department, in consultation with the Department of Environmental Quality, shall establish and revise as necessary schedules of user fees and other charges, including nonregulatory penalties and surcharges. For facilities operated by private enterprise pursuant to this chapter, the department, in consultation with the Department of Environmental Quality, shall establish and revise as necessary schedules of franchise fees. The terms and conditions under which facilities are operated by private enterprise pursuant to this chapter shall be governed by appropriate contracts between the department and the private operator. Such contracts shall provide for the payment of franchise fees and for the periodic adjustment thereof.
(2)
In establishing and revising such schedules of fees, the department shall consider and shall seek to recover, to the maximum extent possible, the following costs:
(a)
Establishment and operation of the authority and committee;
(b)
Administrative costs of the department in support of its activities under this chapter;
(c)
Establishment and administration of the Perpetual Care Fund;
(d)
Repayment to the state with interest of all funds expended from the State General Fund in the development of the state commercial hazardous waste management facility;
(e)
Compensation of contractors and consultants employed by the department, authority and committee in furtherance of the purposes of this chapter;
(f)
Other expenses incurred by the department, the state or its agencies in furtherance of the purposes of this chapter.
(3)
If revenues exceed all costs set out and all other costs and charges for which the department is liable, such excess funds shall be paid into a special fund hereby created in the State Treasury to fund a portion of the costs of the Mississippi Comprehensive Waste Minimization Program administered by the Department of Environmental Quality, other programs which foster multimedia waste prevention, reduction, reuse and recycling, programs which provide assistance to small quantity generators and other programs for environmental protection purposes.
Laws, 1990, ch. 506, § 19, eff. 3/31/1990.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 18 - MISSISSIPPI HAZARDOUS WASTE FACILITY SITING ACT OF 1990 (§§ 17-18-1 — 17-18-47) › Section 17-18-35 - Designated site local advisory committee; membership; powers; one-time local application fee for permit to operate facility

(1)
Upon site designation for the state commercial hazardous waste management facility, the governing body of the local governmental unit wherein the site is designated may appoint a designated site local advisory committee. The advisory committee shall consist of seven (7) members representing insofar as possible local government, environmental, health, engineering, business and industry, agricultural, academic, public interest and emergency response groups. If the designated site is in a municipality, the governing body of the county in which the municipality is located may appoint two (2) of the seven (7) members of the advisory committee. The advisory committee shall elect a chairman, vice chairman and a secretary. Vacancies shall be filled by the governing body of the local governmental unit using the same criteria employed in the original appointments. The governing body of the local governmental unit shall provide the advisory committee with the necessary support staff.
(2)
The designated site local advisory committee may:
(a)
Study the costs and benefits associated with the state commercial hazardous waste management facility;
(b)
Review all permit and license applications and related documents concerning the proposed facility;
(c)
Hire program and technical consultants to assist in the review process;
(d)
Assess the potential local environmental and socioeconomic impacts of the proposed facility;
(e)
Promote public education, information and participation in the permitting process;
(f)
Develop and propose agreements between the department, the state commercial hazardous waste management facility operator, local governments and other persons;
(g)
Develop and present recommendations concerning permit conditions, operational requirements, compensation and incentives related to the proposed facility;
(h)
Hire a mediator to facilitate negotiations between the department and the governing body of the local governmental unit;
(i)
Reimburse the advisory committee members for reasonable and necessary expenses.
(3)
An applicant for a permit to operate the state commercial hazardous waste management facility shall pay a one-time local application fee of One Hundred Thousand Dollars ($100,000.00). If the applicant is a private firm, the local application fee shall be paid to the department, which shall disburse the local application fee to the governing body of the local governmental unit. If the applicant is the department, the department shall pay and disburse the local application fee directly to the governing body of the local governmental unit.
Laws, 1990, ch. 506, § 20, eff. 3/31/1990.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 18 - MISSISSIPPI HAZARDOUS WASTE FACILITY SITING ACT OF 1990 (§§ 17-18-1 — 17-18-47) › Section 17-18-37 - Grant for volunteer host community which is designated site; host community authorized to obtain loan from hazardous waste facility site revolving loan fund; negotiations between governing body of host community and department for percentage of gross receipts from facility

(1)
A volunteer host community which is the designated site shall be paid a grant of One Million Dollars ($1,000,000.00) from the State General Fund after the state commercial hazardous waste management facility is permitted and construction thereof has commenced.
(2)
A host community which is the designated site for the state commercial hazardous waste management facility may obtain a loan from the Hazardous Waste Facility Site Revolving Loan Fund under Section
17-17-55
.
(3)
The governing body of a host community for the state commercial hazardous waste management facility may negotiate with the department in accordance with Section
17-18-39
for a percentage of annual gross receipts from the facility, emergency response resources and training and public information, education and outreach programs, among other incentives.
Laws, 1990, ch. 506, § 21, eff. 3/31/1990.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 18 - MISSISSIPPI HAZARDOUS WASTE FACILITY SITING ACT OF 1990 (§§ 17-18-1 — 17-18-47) › Section 17-18-39 - Local governmental unit may negotiate with department; issues excluded; arbitration

(1)
The governing body of any local governmental unit wherein the site is designated may negotiate with the department with respect to any issue relating to the facility except:
(a)
The need for the facility;
(b)
Any proposal to reduce the powers or duties of the department, the authority or the committee under this chapter or under any permit or license issued for the facility;
(c)
Any proposal to reduce the powers or duties of the Commission on Environmental Quality or the Environmental Quality Permit Board or to make less stringent any rule of the Commission on Environmental Quality; or
(d)
Any decision of the committee, the authority, the department or the Environmental Protection Council regarding site selection, contractor selection, selection of waste management category or technology pursuant to this chapter.
(2)
If the department and the governing body of the local governmental unit have not reached an agreement on all issues by negotiation within six (6) months after site designation, the following issues may be submitted to arbitration:
(a)
Compensation to the local governmental unit for substantial economic impacts which are a direct result of the siting and operation of the state commercial hazardous waste management facility and for which adequate compensation is not otherwise provided;
(b)
Reimbursement for reasonable costs incurred by the local governmental unit relating to negotiation, mediation and arbitration activities under this chapter;
(c)
Matters related to the appearance of the facility;
(d)
Operational concerns other than design capacity and regulatory issues;
(e)
Traffic flows and patterns which result from the operation of the facility;
(f)
Uses of the site where the facility is located after the facility is closed;
(g)
Emergency response capabilities, including training and resources; and
(h)
Access to facility records and monitoring data.
(3)
The Secretary of State shall serve as arbitrator of any issues submitted for arbitration under this section.
Laws, 1990, ch. 506, § 22, eff. 3/31/1990.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 18 - MISSISSIPPI HAZARDOUS WASTE FACILITY SITING ACT OF 1990 (§§ 17-18-1 — 17-18-47) › Section 17-18-41 - Immunity from personal liability; Attorney General as legal representative of authority and committee

(1)
No member, officer or employee of the department, authority or committee while acting within the scope of their authority shall be subject to any personal liability by reason of any act or omission in connection with the exercise of any power or performance of any duty whether expressed or implied pursuant to this chapter.
(2)
Except as otherwise authorized in Section
7-5-39
, the Attorney General shall be the legal representative of the authority and the committee and shall provide legal advice and counsel without cost to the authority and the committee.
Laws, 1990, ch. 506, § 23; Laws, 2012, ch. 546, § 9, eff. 7/1/2012.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 18 - MISSISSIPPI HAZARDOUS WASTE FACILITY SITING ACT OF 1990 (§§ 17-18-1 — 17-18-47) › Section 17-18-43 - Report to Legislature

The department shall report to the Legislature on January 1 of each year regarding its progress in the activities set out under this chapter. The report shall also include an accounting of the collection and expenditures of all authorized funds and recommendations for any additional legislative authority required in furtherance of the activities under this chapter.
Laws, 1990, ch. 506, § 24, eff. 3/31/1990.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 18 - MISSISSIPPI HAZARDOUS WASTE FACILITY SITING ACT OF 1990 (§§ 17-18-1 — 17-18-47) › Section 17-18-45 - Elected or appointed officials not to derive any pecuniary benefit

No elected or appointed official shall derive any pecuniary benefit, directly or indirectly, as a result of such elected or appointed official's duties under this chapter.
Laws, 1990, ch. 506, § 26, eff. 3/31/1990.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 18 - MISSISSIPPI HAZARDOUS WASTE FACILITY SITING ACT OF 1990 (§§ 17-18-1 — 17-18-47) › Section 17-18-47 - Governor authorized to suspend siting process; grounds; rescinding suspension

The Governor, by executive order, may suspend the process of siting a state commercial hazardous waste management facility under this chapter if the Permit Board created in Section
49-17-28
, Mississippi Code of 1972, or the United States Environmental Protection Agency issues a Resource Conservation and Recovery Act permit for the operation of a commercial hazardous waste treatment or disposal facility within the state. The Governor, by executive order, may rescind the suspension of the facility siting process if he deems such action to be necessary to site a state commercial hazardous waste management facility within this state and adjust the timetable for the facility siting process accordingly.
Laws, 1990, ch. 506, § 27, eff. 3/31/1990.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 19 - APPROPRIATIONS TO PLANNING AND DEVELOPMENT DISTRICTS (§ 17-19-1) › Section 17-19-1 - Appropriations to planning and development districts

The board of supervisors of each county and the governing authorities of each municipality in the state are authorized and empowered, in their discretion, to appropriate and pay such sums as they deem necessary and desirable, out of any available funds of the county or municipality which are not required for any other purpose, to the planning and development district in which the county or municipality is located.
Laws, 1981, ch. 349, § 1, eff. 10/1/1981.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 21 - FINANCE AND TAXATION (§§ 17-21-1 — 17-21-55) › Article 1 - EXEMPTIONS (§§ 17-21-1 — 17-21-7) › Section 17-21-1 - Exemption from ad valorem taxes for real property of nonprofit industrial or economic development organizations

The board of supervisors of any county and the governing authorities of any municipality are authorized and empowered, in their discretion, to grant exemptions from ad valorem taxes on real property:
(a)
Which is owned by a nonprofit industrial foundation, corporation or like association organized and operated for the public purpose of promoting economic and industrial development; and
(b)
Which is acquired for the sole purpose of making sites available for industrial development; and
(c)
When no part of the income thereof inures to the benefit of any private stockholder or individual.
Laws, 1981, ch. 506, § 1, eff. 5/1/1981.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 21 - FINANCE AND TAXATION (§§ 17-21-1 — 17-21-55) › Article 1 - EXEMPTIONS (§§ 17-21-1 — 17-21-7) › Section 17-21-3 - Termination of exemption; exemption inapplicable to real estate with building thereon

The exemptions provided by Sections
17-21-1
and
17-21-3
if granted by the board of supervisors or the governing authorities of any municipality may be withdrawn or terminated as to any subsequent year and any exemptions granted pursuant to Sections
17-21-1
and
17-21-3
on real property which is subsequently leased or sold by the nonprofit industrial foundation, corporation or like association shall be terminated and such real property shall then be assessed for ad valorem taxation as other taxable property. The terms and provisions of Sections
17-21-1
and
17-21-3
shall not apply to any real estate having a building located thereon.
Laws, 1981, ch. 506, § 2, eff. 5/1/1981.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 21 - FINANCE AND TAXATION (§§ 17-21-1 — 17-21-55) › Article 1 - EXEMPTIONS (§§ 17-21-1 — 17-21-7) › Section 17-21-7 - Exemption from county ad valorem taxes for certain central business district structures; application for exemption

The board of supervisors of any county wherein there is located a municipality described in Section
17-21-5
may, in its discretion, exempt from any or all county ad valorem taxes, excluding ad valorem taxes for school district purposes, for a period of not more than seven (7) years, any privately owned new structures and any new renovations of and improvements to existing structures where an exemption has been granted by the municipality in accordance with the provisions of Section
17-21-5
. The exemption from county ad valorem taxes may be granted only upon written application to the board of supervisors of the county by any person, firm or corporation claiming the exemption. A copy of the order of the governing authority of the municipality granting an exemption from municipal ad valorem taxes shall be attached to the application as an exhibit thereto.
Laws, 1981, ch. 512, § 2, eff. 4/20/1981.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 21 - FINANCE AND TAXATION (§§ 17-21-1 — 17-21-55) › Article 3 - UNIFORM SYSTEM FOR ISSUANCE OF NEGOTIABLE NOTES OR CERTIFICATES OF INDEBTEDNESS (§§ 17-21-51 — 17-21-55) › Section 17-21-51 - Authority to incur debt; limitation on amount of debt

(1)
The board of supervisors of any county and the governing authorities of any municipality (both referred to in this article as "governing authority") are hereby authorized and empowered, in their discretion, to borrow money, pursuant to the provisions of this article, for the following purposes:
(a)
To accomplish any purpose for which such governing authorities are otherwise authorized by law to issue bonds, notes or certificates of indebtedness;
(b)
To pay costs incurred by governing authorities as a result of a natural disaster. Such costs shall include, but not be limited to, debris removal and disposal, overtime wages paid to public employees, and the repair or replacement of public streets, roads and bridges, storm drains, water and sewer facilities and other public buildings, facilities and equipment. Money borrowed pursuant to this paragraph (b) may also be utilized as matching funds for federal or state disaster relief assistance; and
(c)
To purchase motor vehicles for public safety.
(2)
The total outstanding indebtedness incurred by a governing authority under this article at any one (1) time shall not exceed the greater of one percent (1%) of the assessed value of all taxable property located within the governing authority according to the last completed assessment for taxation or Two Hundred Fifty Thousand Dollars ($250,000.00) and shall be included in computing the statutory limitation upon indebtedness which may be incurred by such governing authority.
Laws, 1985, ch. 437, § 1; Laws, 1994, ch. 559, § 1; Laws, 2000, ch. 373, § 1; Laws, 2008, ch. 485, § 1, eff. 7/1/2008.