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 13 - INTERLOCAL COOPERATION OF GOVERNMENTAL UNITS (§§ 17-13-1 — 17-13-17) › Section 17-13-5 - Definitions

For the purpose of this chapter, the following words shall be defined as herein provided unless the context requires otherwise:
(a)
"Local governmental unit" shall mean any county, any incorporated city, town or village, any school district, any utility district, any community college, any institution of higher learning, any municipal airport authority or regional airport authority in the state, any local tourism commission in the state or any public improvement district created under the Public Improvement District Act.
(b)
"Governing authority" shall mean the board of supervisors of any county, board of trustees of any school district or community college whether elective or appointive, the governing board of any city, town or village, the board of commissioners of a utility district, the Board of Trustees of State Institutions of Higher Learning, the commissioners of a municipal airport authority or regional airport authority, the commission of a local tourism commission or the board of directors of any public improvement district created under the Public Improvement District Act.
Laws, 1974, ch. 498, § 3; Laws, 1989, ch. 354, § 1; Laws, 1992, ch. 379, § 1; Laws, 2002, ch. 499, § 28; Laws, 2009, ch. 401, § 1, eff. 7/1/2009.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 13 - INTERLOCAL COOPERATION OF GOVERNMENTAL UNITS (§§ 17-13-1 — 17-13-17) › Section 17-13-7 - Joint exercise of powers and responsibilities; agreements generally

(1)
Any power, authority or responsibility exercised or capable of being exercised by a local governmental unit of this state may be exercised and carried out jointly with any other local governmental unit of this state, any state board, agency or commission and any public agency of the United States, to the extent that the laws of the United States permit such joint exercise or enjoyment.
(2)
No such power, authority and responsibility may be exercised under the provisions of this chapter which will have the effect of abolishing any office which is held by a person elected by the citizenry, without first an election being called to decide the question of the abolition of any such elected office.
(3)
No agreement made hereunder shall be entered into by any local governmental unit without the approval by resolution on the minutes of the governing authority of that local governmental unit.
(4)
Any two (2) or more local governmental units may enter into written contractual agreements with one another for joint or cooperative action to provide services and facilities pursuant to the provisions of this chapter. Appropriate action by ordinance, resolution or otherwise pursuant to the law controlling the participating local governmental units or agencies shall be necessary before any such agreement shall be in force.
(5)
No such power, authority and responsibility may be exercised under the provisions of this chapter by a local governmental unit which it would not have authority to exercise otherwise pursuant to the law controlling the local governmental unit.
Laws, 1974, ch. 498, § 4; Laws, 1976, ch. 421; Laws, 1979, ch. 494, § 2; Laws, 1981, ch. 505, § 1; Laws, 1985, ch. 514, § 1; Laws, 1986, ch. 333, eff. 3/19/1986.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 13 - INTERLOCAL COOPERATION OF GOVERNMENTAL UNITS (§§ 17-13-1 — 17-13-17) › Section 17-13-11 - Approval and filing of agreements

(1)
Every agreement made by a local governmental unit hereunder shall, prior to and as a condition precedent to its entry into force, be submitted to the Attorney General of this state who shall determine whether the agreement is in proper form and compatible with the laws of this state. No agreement may be considered that does not cite the specific authority under which each of the local governing units involved may exercise the powers necessary to fulfill the terms of the joint agreement. The Attorney General shall approve any such agreement submitted to him hereunder unless he shall find that it does not meet the conditions set forth herein and elsewhere in the laws of this state and shall detail in writing addressed to the governing bodies of the units concerned the specific respects in which the proposed agreement fails to meet the requirements of law.
Failure to disapprove an agreement submitted hereunder within sixty (60) days of its submission shall constitute approval thereof.
(2)
In the event that an agreement made pursuant to this chapter shall deal in whole or in part with the provision of services or facilities with regard to which an officer, unit or agency of the state government has constitutional or statutory powers of control, the agreement shall, as a condition precedent to its being in force, be submitted to the state officer, unit or agency having such power of control and shall be approved or disapproved by him or it as to all matters within his or its jurisdiction in the same manner and subject to the same requirements governing action of the attorney general pursuant to subsection (1) of this section.
(3)
Prior to its being in force, an agreement made pursuant to this chapter shall be filed with the chancery clerk of each of the counties wherein a participating local governmental unit is located and with the Secretary of State. The chancery clerk and the Secretary of State shall preserve such agreements as public records and index and docket the same separate and apart from all other records in his office.
Laws, 1974, ch. 498, § 6; Laws, 2009, ch. 546, § 3, eff. 4/15/2009.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 13 - INTERLOCAL COOPERATION OF GOVERNMENTAL UNITS (§§ 17-13-1 — 17-13-17) › Section 17-13-13 - Funds, goods and services

The governing authority of any local governmental unit entering into an agreement pursuant to this chapter may incur bonded and floating indebtedness, including general obligation indebtedness as authorized by Sections
19-9-1
through
19-9-31
and Sections
21-33-301
through
21-33-329
and may appropriate funds for the purpose and in the manner prescribed by law without regard to whether the activities and improvements authorized by Section
17-13-7
to be financed by such debt or appropriation are within or without the boundaries of the local governmental unit. Said governing authority may sell, lease, grant or otherwise supply goods and services to any other local governmental unit which is a party to said agreement or the administrative body or legal entity created to operate the joint or cooperative undertaking.
Laws, 1974, ch. 498, § 7; Laws, 1981, ch. 505, § 2, eff. 4/18/1981.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 13 - INTERLOCAL COOPERATION OF GOVERNMENTAL UNITS (§§ 17-13-1 — 17-13-17) › Section 17-13-15 - General limitation of authority

All laws in regard to purchases, auditing, depositories and expenditures in general which limit the authority of the agreeing local governing units shall also apply to any joint body created by the agreement pursuant to the provisions of this chapter.
Laws, 1974, ch. 498, § 8, eff. 4/2/1974.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 13 - INTERLOCAL COOPERATION OF GOVERNMENTAL UNITS (§§ 17-13-1 — 17-13-17) › Section 17-13-17 - Specific restriction of powers

Any joint administrative body or legal entity created by agreement pursuant to the provisions of this chapter shall not have the power to levy taxes or incur debt. Such entity may not exercise any power, authority or responsibility except those powers, authorities and responsibilities specifically delegated to such joint administrative body or legal entity by the terms of the agreement made pursuant to the provisions of this chapter.
Laws, 1974, ch. 498, § 9, eff. 4/2/1974.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 15 - HUMAN RESOURCE AGENCIES (§§ 17-15-1 — 17-15-11) › Section 17-15-1 - Creation; declaration of intent

The boards of supervisors and the municipal governing boards of the various counties and cities of the State of Mississippi are hereby empowered to create human resource agencies which may be comprised of one or more counties, cities, or any combination thereof. It is the express intention of this chapter that agencies created hereunder shall be operated under local governmental control and shall be responsible for administration of programs heretofore conducted by community action agencies, limited purpose agencies and related programs authorized by federal law.
Laws, 1974, ch. 506, § 1, eff. 4/3/1974.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 15 - HUMAN RESOURCE AGENCIES (§§ 17-15-1 — 17-15-11) › Section 17-15-3 - Governing boards

There shall be a governing board for each human resource agency so created, which shall be appointed by the board of supervisors or municipal governing authority of the county or city of which the human resource agency is comprised, which shall be comprised of not less than five (5) persons, a majority of whom shall constitute a quorum and the membership of which shall be broadly based and equitably distributed between providers and consumers of human resource services, and where more than one (1) county or city or combination thereof comprises such agency, there shall be representation from each of the counties or cities comprising the agency, to be appointed according to a plan to be adopted by the governing authorities thereof at the time of the creation of such agency. The term of the members of the governing board for each agency shall not exceed five (5) years, and the members shall be appointed on a staggered basis in a manner to be determined by the governing authority making the appointments.
Laws, 1974, ch. 506, § 2; Laws, 1976, ch. 332, eff. 7/1/1976.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 15 - HUMAN RESOURCE AGENCIES (§§ 17-15-1 — 17-15-11) › Section 17-15-5 - Powers of governing board in general; appointment of executive director; bond

The powers of the governing board of every human resource agency shall include the power to adopt bylaws, to appoint persons to senior staff positions including the appointment of an executive director, to determine major personnel, physical and program policy and approve overall program plans and priorities and to assure compliance with conditions of and approve proposals for financial assistance over this chapter. The executive director shall hold office at the will and pleasure of the governing board and his employment may be terminated at any time by a majority vote thereof and his salary shall be fixed by the board. The executive director shall give bond with sufficient surety, to be payable, conditioned and approved as provided by law and by the governing board, in a penalty equal to Fifty Thousand Dollars ($50,000.00), with the premiums thereon to be paid by the governing board from funds provided herein for administrative expenses.
Laws, 1974, ch. 506, § 3; Laws, 1986, ch. 458, § 14, eff. 10/1/1986.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 15 - HUMAN RESOURCE AGENCIES (§§ 17-15-1 — 17-15-11) › Section 17-15-7 - General authority of human resource agency

In order to carry out its overall responsibility for administering a human resource program, a human resource agency is hereby given the authority to own and dispose of property, both real and personal, and to receive and administer funds under this chapter, funds and contributions from private or local public sources which may be used in support of a human resource program, and funds under any federal or state assistance program pursuant to which such an agency organized in accordance with the provisions of this chapter could serve as grantee, contractor, or sponsor of projects appropriate for inclusion in a human resource program.
Laws, 1974, ch. 506, § 4, eff. 4/3/1974.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 15 - HUMAN RESOURCE AGENCIES (§§ 17-15-1 — 17-15-11) › Section 17-15-9 - Audits

Each governing board shall prepare an annual audit report of its activities through September 30 of each year and shall submit a copy thereof to each board of supervisors and municipal governing authority comprising the human resource agency. In addition, the financial records of each board shall be subject to audit by said boards of supervisors or municipal governing authorities and by the state auditor of public accounts.
Laws, 1974, ch. 506, § 5, eff. 4/3/1974.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 15 - HUMAN RESOURCE AGENCIES (§§ 17-15-1 — 17-15-11) › Section 17-15-11 - Administrative expenses

The board of supervisors of each county and the municipal governing authority of each municipality comprising a human resource agency may, in their discretion, set aside, appropriate and expend funds from the general fund or federal revenue sharing funds to defray the administrative expenses incurred in the operation of such human resource agency.
Laws, 1974, ch. 506, § 6; Laws, 1986, ch. 400, § 4, eff. 10/1/1986.
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) › SOLID WASTES DISPOSAL (§§ 17-17-1 — 17-17-67) › Section 17-17-1 - Short title

This chapter shall be known as the "Solid Wastes Disposal Law of 1974."
Laws, 1974, ch. 573, § 1, eff. 4/24/1974.
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) › SOLID WASTES DISPOSAL (§§ 17-17-1 — 17-17-67) › Section 17-17-2 - Administration and enforcement transferred to Commission on Environmental Quality and Department of Environmental Quality

The administration and enforcement of the Solid Wastes Disposal Law of 1974 are hereby transferred from the State Board of Health to the Mississippi Commission on Environmental Quality and the Mississippi Department of Environmental Quality. All personnel, records, property, equipment and funds allocated to the State Board of Health exclusively for the administration and enforcement of the Solid Wastes Disposal Law of 1974, as amended, are hereby transferred to and placed under the supervision and control of the Mississippi Department of Environmental Quality.
Laws, 1981, ch. 528, § 1; Laws, 1991, ch. 494 § 22, eff. 4/1/1991.
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) › SOLID WASTES DISPOSAL (§§ 17-17-1 — 17-17-67) › Section 17-17-5 - Local governing bodies to provide for collection and disposal of garbage and rubbish; contracts; regulation of sanitary landfills; annexation

(1)
After December 31, 1992, the board of supervisors and/or municipal governing body shall provide for the collection and disposal of garbage and the disposal of rubbish. The board of supervisors and/or municipal governing body may provide such collection or disposal services by contract with private or other controlling agencies, and the service may include house-to-house service or the placement of regularly serviced and controlled bulk refuse receptacles within reasonable distance from the farthest affected household, and the wastes disposed of in a manner acceptable to the department and within the meaning of this chapter. The board of supervisors and/or municipal governing body may enter into contracts related in any manner to the collection and transportation of solid wastes for a term of up to six (6) years; however, for such contracts executed on or after July 1, 2019, the board of supervisors and/or municipal governing body may have the option to extend the contract by mutual consent of the parties in one-year increments up to four (4) additional years without advertising for proposals, as long as rate adjustments remain consistent with the existing contract and the total term of the contract does not exceed ten (10) years. The board of supervisors and/or municipal governing body may enter into contracts related in any manner to the generation and sale of energy generated from solid waste, and contracts for treatment, processing, distribution, recycling, elimination or disposal of solid wastes for a term of up to thirty (30) years. The municipal governing body of any municipality is authorized to regulate the disposal of garbage and rubbish in sanitary landfills, as provided in Section
21-19-1
, Mississippi Code of 1972.
(2)
In the event an unincorporated area which is annexed by a municipality is being provided collection and disposal of garbage and rubbish under contract with private or other controlling agencies, the municipality shall annex the area subject to the contract for the remainder of the term of the contract, but not to exceed five (5) years.
Laws, 1974, ch. 573, § 3(1); Laws, 1981, ch. 528, § 3; Laws, 1982, ch. 405, § 2; Laws, 1984, ch. 523; Laws, 1991, ch. 581, § 25; Laws, 1992, ch. 583 § 1; Laws, 2000, ch. 392, § 1, eff. 7/1/2000.
Amended by Laws, 2019, ch. 360, HB 1540,§ 1, eff. 7/1/2019.
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) › SOLID WASTES DISPOSAL (§§ 17-17-1 — 17-17-67) › Section 17-17-7 - Garbage disposal

Garbage and rubbish containing garbage shall be disposed of by sanitary landfill, approved incineration, composting, or by other means now available or which may later become available as approved by the department and under the supervision and control of a governmental, private or other agency acting within the provisions of this chapter.
Laws, 1974, ch. 573, § 3(2); Laws, 1981, ch. 528, § 4, eff. 7/1/1981.
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) › SOLID WASTES DISPOSAL (§§ 17-17-1 — 17-17-67) › Section 17-17-9 - Burning of garbage, etc

No garbage, or rubbish containing garbage or other putrescible materials, or hazardous wastes shall be burned except in approved incinerators meeting the necessary temperature requirements and air pollution controls as now established or may later be established. The open burning of rubbish shall be permitted only under controlled circumstances where sanitary landfill and landfill is not feasible, and not in proximity to sanitary landfill or landfill operations where spread of fire to these operations may be a hazard in the opinion of the controlling agency.
Laws, 1974, ch. 573, § 3, eff. 4/24/1974.
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) › SOLID WASTES DISPOSAL (§§ 17-17-1 — 17-17-67) › Section 17-17-11 - Hauling of solid waste

Trucks or other vehicles engaged in the business of hauling solid waste shall be so covered, secured or sealed that there will be no loss during haulage to cause littering of streets and highways or cause a nuisance or hazard to the public health.
Laws, 1974, ch. 473, § 3; Laws, 1979, ch. 491, § 2, eff. 7/1/1979.
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) › SOLID WASTES DISPOSAL (§§ 17-17-1 — 17-17-67) › Section 17-17-13 - Exemption

Nothing in this chapter shall prevent an individual or firm from disposing of solid waste from his own household or business upon his own land, provided such wastes are not hazardous as defined in Section
17-17-3(i)
and provided such household or business is located and situated in the State of Mississippi
Provided, however, this exemption shall not operate to prevent the conduct of any waste disposal site investigation or inventory required by applicable state or federal law, rule or regulation, and further shall not operate to exclude from the regulatory provisions of this chapter any solid waste determined by the department to have characteristics that constitute an endangerment to the environment or the public health, safety or welfare, or any site used for the disposal of such solid waste.
Laws, 1974, ch. 573, § 3; Laws, 1976, ch. 341, § 6; Laws, 1981, ch. 528, § 5, eff. 7/1/1981.
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) › SOLID WASTES DISPOSAL (§§ 17-17-1 — 17-17-67) › Section 17-17-15 - Disposal of hazardous wastes

(1)
Hazardous wastes shall not be handled or disposed of along with or in the same site or adjoining site as ordinary wastes unless specifically approved as exempted waste by the department. These shall be disposed of by special incinerators, separate landfills, or other means dictated by the particularities of the hazardous waste involved, as determined by the department or other responsible agency. The department may, in its discretion, maintain a field office at any treatment or disposal facility that receives hazardous wastes directly or indirectly from more than one (1) generator. However, the department shall maintain a field office at any commercial off-site multiuser hazardous waste incinerator designed to incinerate multiple nonhomogeneous types of wastes, and the cost of operating such field office shall be borne by the owner of such commercial hazardous waste incinerator. The field office, when required, shall be located in adequate accommodations provided by the facility owner and shall be staffed with department regulatory personnel as deemed necessary by the department. In exercising its discretion to determine the need for a field office, regulatory staff and support equipment, the department shall consider, at a minimum, the type and amount of hazardous waste received and also the type of facility. All fees shall be established by the department and shall be in addition to any other fees provided by law. The fee prescribed by the department shall be in an amount not less than the actual operating expenses of the permanent field office and shall be in addition to any other fees required by law.
(2)
In addition to considering all applicable state and federal laws and regulations, the Mississippi Pollution Control Permit Board shall not issue a permit for the establishment or operation of a commercial hazardous waste landfill for the disposal of hazardous waste (as defined by Section
17-17-3
, Mississippi Code of 1972), in the State of Mississippi until the Environmental Protection Agency makes a final determination, pursuant to the Federal Hazardous and Solid Waste Amendments of 1984, P.L. No. 98-616, that each waste to be placed in such landfill is suitable for land disposal.
Laws, 1974, ch. 573, § 4; Laws, 1981, ch. 528, § 6; Laws, 1984, ch. 399; Laws, 1985, ch. 436; Laws, 1989, ch. 496, § 1, eff. 7/1/1989.
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) › SOLID WASTES DISPOSAL (§§ 17-17-1 — 17-17-67) › Section 17-17-17 - Unauthorized dumps as public nuisance per se

The formation of unauthorized dumps is hereby declared to be a public nuisance per se, menacing public health and unlawful, and any person who forms an unauthorized dump shall be punished as provided in Section
17-17-29
. Existing dumps shall be eliminated by removal or on-site burial.
Laws, 1974, ch. 573, § 4, eff. 4/24/1974.
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) › SOLID WASTES DISPOSAL (§§ 17-17-1 — 17-17-67) › Section 17-17-19 - Vermin control

Rodents and insects of public health importance, as rats, flies, mosquitoes and the like shall be controlled in a manner satisfactory to the health department; and the closing out or conversion to sanitary landfill operations of existing open dumps shall, where deemed necessary by the health officer, be accompanied by an adequate rat eradication program to prevent the spread of rodents to nearby properties.
Laws, 1974, ch. 573, § 4, eff. 4/24/1974.
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) › SOLID WASTES DISPOSAL (§§ 17-17-1 — 17-17-67) › Section 17-17-21 - through 17-17-25 - [Repealed]

Repealed by Laws of 1991, ch. 581, § 32, eff. 4/12/1991.
§ 17-17-21. [Laws, 1974, ch. 573, § 5] § 17-17-23. [Laws, 1974, ch. 573, § 5; Laws, 1981, ch. 528, § 7; Laws, 1982, ch. 411, § 2] § 17-17-25. [Laws, 1974, ch. 573, § 5]
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) › SOLID WASTES DISPOSAL (§§ 17-17-1 — 17-17-67) › Section 17-17-31 - Provisions supplemental

The provisions of this chapter are supplemental and in addition to Section
21-19-1
and Sections
19-5-17
through
19-5-27
, Mississippi Code of 1972.
Laws, 1974, ch. 573, § 8; Laws, 1991, ch. 581, § 26, 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) › SOLID WASTES DISPOSAL (§§ 17-17-1 — 17-17-67) › Section 17-17-33 - Participation in regional solid waste disposal, recycling, and recovery systems authorized

Counties, municipal and private companies are hereby authorized to participate in applicable approved regional solid waste disposal, recycling and recovery systems.
Laws, 1976, ch. 341, § 1; Laws, 2006, ch. 587, § 3, eff. 7/1/2006.
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) › SOLID WASTES DISPOSAL (§§ 17-17-1 — 17-17-67) › Section 17-17-35 - Entry and inspection of generating, treating, storage, transportation and disposal equipment, facilities, etc

Authorized employees or representatives of the department shall be authorized to enter and inspect generating, treating, storage, transportation and disposal equipment, facilities or sites to determine proper treatment, storage, transportation and/or disposal. Employees and/or representatives of the department shall be authorized to enter and inspect at any time vehicles transporting or disposing of wastes as outlined in this section.
Laws, 1976, ch. 341, § 2; Laws, 1981, ch. 528, § 10; Laws, 1991, ch. 494 § 23, eff. 4/1/1991.
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) › SOLID WASTES DISPOSAL (§§ 17-17-1 — 17-17-67) › Section 17-17-37 - Property rights in solid wastes

The solid wastes involved shall become the lawful property of the local governments and/or commercial enterprises involved at the point of collection and in the absence of contractual provisions to the contrary, shall become the property of the operator of an approved system upon delivery to such operator whether delivery be at a transfer station or at a processing plant.
Laws, 1976, ch. 341, § 3, eff. 4/14/1976.
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) › SOLID WASTES DISPOSAL (§§ 17-17-1 — 17-17-67) › Section 17-17-39 - Construction or operation of authorized solid waste disposal systems or facilities not impaired

Nothing in Sections
17-17-33
through
17-17-41
shall be construed to prohibit local governments from the construction or operation of approved sanitary landfills, or of any other heretofore or hereafter approved solid waste disposal system, it being the intent of Sections
17-17-33
through
17-17-41
that their provisions shall be supplementary to, and not restrictive of, any previously authorized solid waste disposal system, facility or operation, nor of any other such system, facility or operation which may be authorized in the future.
Laws, 1976, ch. 341, § 4, eff. 4/14/1976.
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) › SOLID WASTES DISPOSAL (§§ 17-17-1 — 17-17-67) › Section 17-17-41 - Construction or operation of recycling plants or sale or gift of solid wastes not prohibited

Nothing in Sections
17-17-33
through
17-17-41
shall be construed to prohibit private enterprise or other agencies from the construction or operation of recycling plants or to prohibit the sale or gift of solid wastes to private enterprise or other agencies by local governments.
Laws, 1976, ch. 341, § 5, eff. 4/14/1976.
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) › SOLID WASTES DISPOSAL (§§ 17-17-1 — 17-17-67) › Section 17-17-43 - Procedures applicable to hearings before commission and permit board

The procedures whereby the commission or an employee thereof may obtain a hearing before the commission on a violation of any provision of Sections
17-17-1
through
17-17-41
and Section
17-17-47
or of a regulation or of any order of the commission or whereby any interested person may obtain a hearing on matters within the jurisdiction of the commission or a hearing on any order of the commission shall be as prescribed in Sections
49-17-31
through
49-17-41
.
Further, all proceedings before the permit board of the bureau of pollution and control shall be conducted in the manner prescribed by Section
49-17-29
.
Laws, 1982, ch. 411, § 3, eff. 3/25/1982.
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) › SOLID WASTES DISPOSAL (§§ 17-17-1 — 17-17-67) › Section 17-17-45 - Appeal to chancery court

In addition to any other remedies that might now be available, any person or interested party aggrieved by an order of the commission or of the permit board of the bureau of pollution control shall have the right to perfect an appeal to the appropriate chancery court in the manner set forth in Sections
49-17-41
and
49-17-29
.
Laws, 1982, ch. 411, § 4, eff. 3/25/1982.
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) › SOLID WASTES DISPOSAL (§§ 17-17-1 — 17-17-67) › Section 17-17-47 - Exclusive authority of State Oil and Gas Board as to regulation of oil field waste products

(1)
Notwithstanding any other provisions contained in this chapter, the State Oil and Gas Board shall continue to exercise the exclusive authority to make rules and regulations and issue permits governing the noncommercial disposal of oil field waste products and shall continue to exercise the exclusive authority to regulate Class II underground injection wells in accordance with the provisions of Section
53-1-17
; provided, however, that to the extent that such oil field exploration and production waste products may likewise constitute hazardous wastes under the provisions of this chapter, such rules and regulations shall be subject to the approval of the commission in order to insure that they are consistent with the requirements of this chapter and the Resource Conservation and Recovery Act of 1976 (Public Law 94-580).
(2)
The commission shall have the exclusive authority to regulate the commercial disposal of oil field exploration and production waste products subject to limitations set out in subsection (1) of this section.
Laws, 1979, ch. 491, § 7; Laws, 1981, ch. 528, § 11; Laws, 1991, ch. 605, § 1, eff. 4/15/1991.
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) › SOLID WASTES DISPOSAL (§§ 17-17-1 — 17-17-67) › Section 17-17-48 - Legislative intent as to regulation of radioactive waste disposal facilities

It is the intent of this Legislature that the Mississippi Energy and Transportation Board shall have jurisdiction over state nuclear waste policy, activities and siting, including the long-term or temporary storage and/or disposal of high-level radioactive and transuranic waste, in accordance with the provisions of Sections
17-17-48
through
17-17-51
and Chapter 49 of Title 57, Mississippi Code of 1972.
Laws, 1980, ch. 480, § 1; Laws, 1982, ch. 474, § 23; Laws, 1983, ch. 505, § 6, eff. 4/12/1983.
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) › SOLID WASTES DISPOSAL (§§ 17-17-1 — 17-17-67) › Section 17-17-51 - Facilities licensed by the Nuclear Regulatory Commission

Nothing in Sections
17-17-48
through
17-17-51
or in Chapter 49 of Title 57, Mississippi Code of 1972 prohibits or is intended to prohibit the shipment, receipt, use or on-site storage of nuclear fuel assemblies to a facility licensed by the nuclear regulatory commission, or the transportation from the facility of spent nuclear fuel assemblies to a licensed reprocessing plant or to a licensed away-from-reactor storage facility.
Provided further, that nothing in Sections
17-17-48
through
17-17-51
or in Chapter 49 of Title 57, Mississippi Code of 1972 prohibits or is intended to prohibit the on-site storage of low-level radioactive waste that is generated at a facility licensed by the Nuclear Regulatory Commission.
Laws, 1980, ch. 480, § 3; Laws, 1982, ch. 474, § 25, eff. 4/21/1982.
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) › SOLID WASTES DISPOSAL (§§ 17-17-1 — 17-17-67) › Section 17-17-55 - Hazardous Waste Facility Site Revolving Fund; purpose of fund; rules and regulations

There is hereby created within the State Treasury a revolving fund to be known as the "Hazardous Waste Facility Site Revolving Loan Fund," which shall be administered by the Department of Economic and Community Development, for the purpose of making loans to municipalities or counties in which commercial hazardous waste facilities permitted pursuant to Section
49-17-28
et seq. are located. Such loans shall be made for the purpose of constructing roads, railroads, utilities or the purchase and development of lands for industrial purposes. Any municipality or county within which such a facility is sited may make application for a loan from the Hazardous Waste Facility Site Revolving Loan Fund, and the Department of Economic and Community Development is hereby authorized and empowered to adopt and put into effect all reasonable rules and regulations that it may deem necessary to carry out the provisions of this section, which shall include, without limitation, the following:
(a)
Procedures for applying for the loans;
(b)
Selection criteria for evaluating if a proposed facility meets Mississippi's needs and for choosing between various loan applications;
(c)
Procedures for funding and retiring loans; and
(d)
Procedures to be followed if default occurs in the repayment of loans.
In addition, the Department of Economic and Community Development is empowered to designate that any part or all of those funds to be disbursed pursuant to Section
17-17-53(2)(c)
be paid directly against the principal balance of any loan outstanding hereunder.
Laws, 1982, ch. 490, § 3; Laws, 1990, ch. 506, § 25, 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 17 - SOLID WASTES DISPOSAL (§§ 17-17-1 — 17-17-507) › SOLID WASTES DISPOSAL (§§ 17-17-1 — 17-17-67) › Section 17-17-57 - Immunity of persons rendering aid in accidents involving discharge of hazardous materials

(1)
For the purposes of this section, the following words shall have the meaning ascribed herein unless the context clearly requires otherwise:
(a)
"Discharge" shall include leakage, seepage or other release of any hazardous material.
(b)
"Hazardous materials" shall include all materials and substances which are now or hereafter designated or defined as hazardous by any state or federal law or by regulation of any state or federal agency.
(c)
"Person" shall include any individual, partnership, corporation, association or other entity.
(2)
Notwithstanding any provision of law to the contrary, no person who in good faith and in the exercise of reasonable care, and not in anticipation or expectation of receiving compensation therefor, renders assistance or advice in mitigating or attempting to mitigate the effects of an actual or threatened discharge of hazardous materials, or in preventing, cleaning up or disposing of or in attempting to prevent, clean up or dispose of any such discharge, shall be subject to civil liabilities or penalties as a result of any act committed in good faith and in the exercise of reasonable care or omission in good faith and in the exercise of reasonable care by such person in rendering emergency assistance, or advice.
(3)
Nothing in subsection (2) of this section shall be construed to limit the liability of any person for any act not directly related to the assistance or advice in mitigating or attempting to mitigate the effects of an actual or threatened discharge of hazardous materials, or in preventing, cleaning up or disposing of or in attempting to prevent, clean up or dispose of any such discharge.
(4)
The immunities provided in subsection (2) of this section shall not apply to any person whose act or omission caused in whole or in part such actual or threatened discharge and who would otherwise be liable therefor.
(5)
Nothing in subsection (2) of this section shall be construed to limit or otherwise affect the liability of any person for damages resulting from such person's gross negligence, or from such person's reckless, wanton or intentional conduct.
Laws, 1985, ch. 358, eff. 7/1/1985.
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) › SOLID WASTES DISPOSAL (§§ 17-17-1 — 17-17-67) › Section 17-17-61 - [Repealed]

Repealed by Laws of 1994, ch. 624, § 7, eff. 7/1/1994.
Laws, 1992, ch. 583, § 18.
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) › SOLID WASTES DISPOSAL (§§ 17-17-1 — 17-17-67) › Section 17-17-67 - Environmental felony for purposeful or reckless disposition of hazardous waste; penalties

(1)
Any person who purposely or recklessly disposes of any hazardous waste in violation of this chapter which contaminates a drinking water source to the extent that it is unsafe for human consumption, as determined by the state agency charged with the responsibility of regulating safe drinking water for human consumption; or any person who purposely or recklessly disposes of any hazardous waste in violation of this chapter and who knows that he places another person in imminent danger of death or serious bodily injury shall, upon conviction, be guilty of a felony, and shall be subject to imprisonment for a term of not less than one (1) year nor more than ten (10) years, and shall also be subject to a fine of not less than Five Thousand Dollars ($5,000.00) nor more than Fifty Thousand Dollars ($50,000.00) for each day of violation or both fine and imprisonment. The fine shall not exceed a total of One Million Dollars ($1,000,000.00).
(2)
For purposes of this section, a person acts purposely with respect to a material element of an offense when:
(a)
If the element involves the nature of his conduct or a result thereof, it is his conscious object to engage in conduct of that nature or to cause such a result; and
(b)
If the element involves the attendant circumstances, he is aware of the existence of such circumstances or he believes or hopes that they exist.
(3)
For purposes of this section, a person acts recklessly with respect to a material element of an offense when he consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree that, considering the nature and purpose of the actor's conduct and the circumstances known to him, its disregard involves a gross deviation from the standard of conduct that a law-abiding person would observe in the actor's situation.
(4)
This section shall not apply to any person holding a permit from the Department of Environmental Quality and acting within the scope of that permit.
Laws, 2003, ch. 301, § 5, eff. 1/20/2003.
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) › PROMOTION OF PROJECTS FOR TREATMENT OF SOLID AND HAZARDOUS WASTES (§§ 17-17-101 — 17-17-135) › Section 17-17-101 - Legislative intent as to promotion of projects for treatment of solid and hazardous wastes; certificate of public convenience and necessity; approval by Department of Environmental Quality and Mississippi Development Authority required for certain projects

It is the intent of the Legislature by the passage of Sections
17-17-101
through
17-17-135
to authorize municipalities to acquire, own and lease a project for the purpose of promoting the construction and installation of projects for the sale, collection, treatment, processing, reprocessing, generation, distribution, recycling, elimination, or disposal of solid and hazardous waste products, as hereinafter defined, by inducing manufacturing and industrial enterprises, qualified persons, firms, or corporations to locate and construct said projects in this state. It is intended that each project be self-liquidating. Sections
17-17-101
through
17-17-135
shall be construed to conform with its intent. Except as otherwise provided for projects to recycle solid waste products, the powers hereby conferred upon the municipalities shall be exercised only after such municipality has obtained a certificate of public convenience and necessity from the Mississippi Board of Economic Development as provided in Sections
57-1-19
,
57-1-21
,
57-1-23
and
57-1-27
; provided, however, that if a project is constructed solely with revenue bonds the board shall not be required to adjudicate that there are adequate property values and suitable financial conditions so that the total bonded indebtedness of the municipality, solely for the purposes authorized by Sections
17-17-101
through
17-17-135
, shall not exceed twenty percent (20%) of the total assessed valuation of the property in the municipality. The powers conferred in this section to municipalities for projects to recycle or sell recycled solid waste products shall be exercised only after such project has been approved by the Department of Environmental Quality and the Mississippi Development Authority.
Laws, 1981, ch. 527, § 1; Laws, 2006, ch. 587, § 4, eff. 7/1/2006.
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) › PROMOTION OF PROJECTS FOR TREATMENT OF SOLID AND HAZARDOUS WASTES (§§ 17-17-101 — 17-17-135) › Section 17-17-105 - Powers as to establishment of projects

Upon compliance with procedures prescribed herein, and subject to the provisions of Sections
17-17-101
through
17-17-135
, any municipality is hereby authorized and empowered:
(a)
To acquire, purchase, construct, operate, maintain and replace a project;
(b)
To enlarge, expand and improve an existing project;
(c)
To issue bonds for the purpose of defraying the cost of the projects contemplated by subsections (a) and (b) of this section;
(d)
To enter into agreements with any industry situated in the municipality to construct, operate, maintain, repair and replace a project;
(e)
To enter into a lease/sale with an industry for the lease and/or sale of a project to such industry;
(f)
To accept any state or federal grant that may be available to defray any part of the cost of a project; provided, however, that the agreements contemplated by subsections (d) and (e) of this section shall contain terms and conditions under which the industry shall pay to the municipality, or trustee, if any, for the bonds contemplated by subsection (c) of this section, such sums of money and at such periods as will equal the aggregate of principal, interest and redemption premium, if any, due on the bonds and also the costs, if any, to the municipality of operating, maintaining, insuring, repairing and replacing a project or portions thereof, including a reasonable amount for reserves. Provided further, that any agreement contemplated by subsection (e) of this section shall further contain terms and conditions pursuant to which a project shall be conveyed to the industry.
(g)
[Repealed].
Laws, 1981, ch. 527, § 3; Laws, 1990, ch. 586, § 1, eff. 4/9/1990.