reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 17 - POLLUTION OF WATERS, STREAMS, AND AIR (§§ 49-17-1 — 49-17-775) › WATER POLLUTION ABATEMENT GRANT PROGRAM (§§ 49-17-61 — 49-17-70) › Section 49-17-68 - Pollution Emergency Fund created; sources of funds

The Pollution Emergency Fund is hereby created in the State Treasury. All fines, penalties or other money recovered or collected by the commission under Sections
17-17-29
and
49-17-43
shall be deposited into appropriate accounts in such fund. The commission is further authorized to receive and accept additional funds from any other source to be deposited into the Pollution Emergency Fund. The commission is authorized to utilize any funds in the Pollution Emergency Fund for the purpose of mitigation, abatement, clean-up or other remedial actions and related technical investigations involving the introduction of pollutants, including hazardous wastes, upon or into the land, air or waters of this state and may be used for the purpose of providing the required state matching funds to assist the U.S. Environmental Protection Agency in furtherance of its remedial clean-up program. When the acceptance of such funds by the commission is conditioned on the return of those funds to the grantor after use and recovery, such funds shall be returned to the grantor.
Laws, 1988, ch. 311, § 7, eff. 7/1/1988; Laws, 1991, ch. 396 § 1, eff. 3/15/1991.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 17 - POLLUTION OF WATERS, STREAMS, AND AIR (§§ 49-17-1 — 49-17-775) › WATER POLLUTION ABATEMENT GRANT PROGRAM (§§ 49-17-61 — 49-17-70) › Section 49-17-70 - Repayment agreement; certificate of approved disposal plant

Before any political subdivision shall receive any loan, it shall have executed with the state tax commission a repayment agreement, a copy of which must also be filed with the bureau of pollution control of the department of natural resources, after which the bureau shall enter upon its minutes a certificate certifying that the waste disposal plant has been approved; a copy of which certificate shall be delivered to and filed with the Mississippi State Tax Commission.
Codes, 1942, § 7106-151.5; Laws, 1972, ch. 403, § 2; Laws, 1983, ch. 383, § 6, eff. 3/23/1983.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 17 - POLLUTION OF WATERS, STREAMS, AND AIR (§§ 49-17-1 — 49-17-775) › TENNESSEE RIVER BASIN WATER POLLUTION CONTROL COMPACT (§§ 49-17-71 — 49-17-77) › Section 49-17-73 - When compact effective

When the governor shall have executed the compact on behalf of this state and shall have caused a verified copy thereof to be filed with the state secretary, and when such compact shall have been ratified by one or more of the states named in Section
49-17-71
, then compact shall become operative and effective as between this state and such other state or states. The governor is hereby authorized and directed to take such action as may be necessary to complete the exchange of official documents as between this state and any other state ratifying the compact.
Codes, 1942, § 5931-02; Laws, 1956, ch. 170, § 2.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 17 - POLLUTION OF WATERS, STREAMS, AND AIR (§§ 49-17-1 — 49-17-775) › TENNESSEE RIVER BASIN WATER POLLUTION CONTROL COMPACT (§§ 49-17-71 — 49-17-77) › Section 49-17-75 - Commission created

The commission contemplated by Article IV of the above compact shall consist of three (3) members, as follows: One legislator, who may either be a member of the Mississippi State Senate or the Mississippi House of Representatives, to be appointed by the Mississippi Commission on Interstate Co-operation, and two (2) executive officers or employees in the executive branch of the state government whose duties, experience and abilities qualify them for such a position, to be appointed by the governor. Each member of the commission must be a qualified voter of this state and shall serve for a term of four (4) years and be eligible to immediately succeed himself.
Codes, 1942, § 5931-03; Laws, 1956, ch. 170, § 3.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 17 - POLLUTION OF WATERS, STREAMS, AND AIR (§§ 49-17-1 — 49-17-775) › TENNESSEE RIVER BASIN WATER POLLUTION CONTROL COMPACT (§§ 49-17-71 — 49-17-77) › Section 49-17-77 - Authority of commissioners; construction of laws

The three (3) commissioners from the State of Mississippi shall be authorized to do any and all things necessary in order to effectuate the terms and provisions of the compact contained herein and Sections
49-17-71
through
49-17-77
shall be entitled to a liberal interpretation in order to carry out the spirit and intent of the aforesaid compact.
Codes, 1942, § 5931-04; Laws, 1956, ch. 170, § 4.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 17 - POLLUTION OF WATERS, STREAMS, AND AIR (§§ 49-17-1 — 49-17-775) › WATER POLLUTION CONTROL REVOLVING FUND (§§ 49-17-81 — 49-17-89) › Section 49-17-81 - Short title

Sections
49-17-81
through
49-17-89
shall be known and cited as the "Mississippi Water Pollution Control Revolving Fund and Emergency Loan Fund Act."
Laws, 1988, ch. 534, § 1; Laws, 1996, ch. 455, § 2, eff. 10/1/1996.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 17 - POLLUTION OF WATERS, STREAMS, AND AIR (§§ 49-17-1 — 49-17-775) › WATER POLLUTION CONTROL REVOLVING FUND (§§ 49-17-81 — 49-17-89) › Section 49-17-83 - Definitions

For the purposes of Sections
49-17-81
through
49-17-89
, the following words and phrases shall have the meaning ascribed in this section:
(a)
"Administrator" means the Administrator of the United States Environmental Protection Agency.
(b)
"Commission" means the Mississippi Commission on Environmental Quality.
(c)
"Department" means the Mississippi Department of Environmental Quality.
(d)
"Emergency fund" means the "Water Pollution Control Emergency Loan Fund" created under Section
49-17-86
.
(e)
"Loan agreement" means an agreement by and among the commission, a political subdivision and the State Tax Commission to evidence the terms and provisions of a loan under Sections
49-17-81
through
49-17-89
.
(f)
"Loan fund" means the Water Pollution Abatement Loan Fund created pursuant to Section
49-17-61
.
(g)
"Municipal security" means a bond, note or other evidence of indebtedness issued by a political subdivision to evidence a loan pursuant to the provisions of Sections
49-17-81
through
49-17-89
.
(h)
"Political subdivision" means any county, municipality, utility, district, political subdivision, or other governmental unit created under state law.
(i)
"Project" means a publicly owned wastewater collection, treatment or disposal system including sludge disposal, renovation, repair and upgrading of existing systems, nonpoint source pollution control management programs and estuary conservation and management programs, and otherwise qualified under rules of the commission pursuant to the federal Water Quality Act of 1987.
(j)
"Revolving fund" means the Mississippi Water Pollution Control Revolving Fund created under Section
49-17-85
.
(k)
"State" means the State of Mississippi.
Laws, 1988, ch. 534, § 2; Laws, 1991, ch. 578, § 5; Laws, 1996, ch. 455, § 3, eff. 10/1/1996.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 17 - POLLUTION OF WATERS, STREAMS, AND AIR (§§ 49-17-1 — 49-17-775) › WATER POLLUTION CONTROL REVOLVING FUND (§§ 49-17-81 — 49-17-89) › Section 49-17-89 - Borrowing of monies, issuance of securities, etc., by political subdivisions authorized; issuance of municipal securities; validation of securities; provisions of section supplemental

(1)
Political subdivisions are hereby authorized to borrow monies under the provisions of Sections
49-17-81
through
49-17-89
, to issue municipal securities to evidence such loans, and to enter into such other agreements necessary for such loans and municipal securities on such terms and conditions as such political subdivisions shall deem necessary and advisable.
(2)
In connection with the issuance of municipal securities by political subdivisions to evidence loans under the provisions of this chapter and as may be required by Section
31-25-1
et seq., the following provisions shall specifically apply:
(a)
No notice of intent to issue municipal securities as may otherwise be required by state law shall be required.
(b)
The governing body of the political subdivision shall adopt such resolutions as may be necessary to borrow monies under this chapter, to issue and sell municipal securities to evidence such loans, and to approve and authorize the execution of any agreements related thereto.
(c)
Such loans and municipal securities shall be secured as provided for in Section
49-17-87
.
(d)
Such loans and municipal securities shall not be deemed general obligations.
(e)
Such municipal securities shall be sold only to evidence the repayment of a loan under this chapter and may be sold at such price or prices, in such form, and subject to such terms and conditions of issue, redemption and maturity, rate of interest and time of payment of interest as otherwise provided for a loan under this chapter.
(f)
A political subdivision may pay all expenses, premiums, fees and commissions which it may deem necessary and advantageous in connection with any loan and the issuance and sale of municipal securities under this chapter.
(g)
Municipal securities issued under this chapter need not be validated as provided in Section
31-13-1
et seq.
(h)
This section shall be deemed to provide an additional, alternate and complete method for the doing of the things authorized hereby and shall be deemed and construed to be supplemental to any provisions of any other laws and not in derogation of any such provisions. In connection with the issuance of municipal securities under this chapter, a political subdivision shall not be required to comply with the provisions of any other law except as provided herein.
Laws, 1991, ch. 578, § 8, eff. 4/12/1991.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 17 - POLLUTION OF WATERS, STREAMS, AND AIR (§§ 49-17-1 — 49-17-775) › COUNTY AND MUNICIPAL BONDS FOR POLLUTION CONTROL (§§ 49-17-101 — 49-17-123) › Section 49-17-103 - General powers of local governments

Upon compliance with procedures prescribed herein, and subject to the provisions hereinafter stated in Sections
49-17-105
through
49-17-123
, any municipality is hereby authorized and empowered:
(a)
To acquire, purchase, construct, operate, maintain and replace pollution control facilities;
(b)
To enlarge, expand and improve existing pollution control facilities;
(c)
To issue bonds for the purpose of defraying the cost of facilities contemplated by subsections (a) and (b) above;
(d)
To enter into agreements with any industry situated in the municipality to construct, operate, maintain, repair and replace said facilities;
(e)
To enter into a lease/sale with an industry for the lease and/or sale of such facilities to such industry;
(f)
To accept any state or federal grant that may be available to defray any part of the cost of such facilities. Provided, however, the agreements contemplated by subsections (d) and (e) above 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) above, 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 such facilities, or portions thereof, including a reasonable amount for reserves. Provided, further, any agreement contemplated by subsection (e) above shall further contain terms and conditions pursuant to which the said facilities shall be conveyed to the industry.
Laws, 1973, ch. 505, § 2, eff. 4/17/1973.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 17 - POLLUTION OF WATERS, STREAMS, AND AIR (§§ 49-17-1 — 49-17-775) › COUNTY AND MUNICIPAL BONDS FOR POLLUTION CONTROL (§§ 49-17-101 — 49-17-123) › Section 49-17-105 - General provisions as to bonds

All bonds issued by a municipality under authority of Sections
49-17-101
through
49-17-123
shall be limited obligations of such municipality. The principal, interest and redemption premium, if any, shall be payable solely out of the moneys to be derived by the municipality pursuant to the agreements specified in subsections (d) and (e) of Section
49-17-103
. Bonds and interest coupons issued under authority of Sections
49-17-101
through
49-17-123
shall never constitute an indebtedness of such municipality within the meaning of any state constitutional provision or statutory limitation and shall never constitute nor give rise to a pecuniary liability of the municipality, or a charge against its general credit or taxing powers, and such fact shall be plainly stated on the face of each bond. Such bonds may be executed and delivered at any time as a single issue or from time to time as several issues, may be in such form and denominations, may be of such tenor, may be in registered or bearer form either as to principal or interest or both, may be payable in such installments and at such time or times not exceeding forty (40) years from their date, may be subject to such terms of redemption, may be payable at such place or places, may bear interest at such rate or rates as the governing board and the industry shall agree upon, provided that the bonds of any issue shall not bear a greater overall maximum interest rate to maturity than that allowed in Section
75-17-103
; and may contain such other provisions not inconsistent herewith, as the municipality may determine, all of which shall be provided in the proceedings authorizing the bonds. Any bonds issued under the authority of Sections
49-17-101
through
49-17-123
may be sold at public or private sale at such price and in such manner and from time to time as may be determined by the governing board to be most advantageous, and the governing board may pay, as a part of the cost of acquiring any pollution control facility, and out of the bond proceeds, all expenses, premiums and commissions with the authorization, sale and issuance thereof. All bonds issued under the authority of Sections
49-17-101
through
49-17-123
, except registered bonds which are registered otherwise than to bearer, and all interest coupons appurtenant thereto shall be construed to be negotiable instruments, despite the fact that they are payable solely from a specified source. The proceedings authorizing the issuance of bonds may provide for the issuance, in the future, of further bonds on a parity with those initially issued.
Bonds issued hereunder shall be validated in the chancery court in which the municipality is located.
Laws, 1973, ch. 505, § 3; Laws, 1985, ch. 477, § 6, eff. 4/8/1985.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 17 - POLLUTION OF WATERS, STREAMS, AND AIR (§§ 49-17-1 — 49-17-775) › COUNTY AND MUNICIPAL BONDS FOR POLLUTION CONTROL (§§ 49-17-101 — 49-17-123) › Section 49-17-107 - Securing payment of bonds

The principal, interest and premium, if any, on any bonds shall be secured by a pledge of the revenues payable to the municipality, as the case may be, pursuant to either of the agreements specified in subsections (d) and (e) of Section
49-17-103
and may also, in the case of an agreement under subsection (e) of Section
49-17-103
, be secured by a lien which may be subordinate to a prior lien on any other property given as security by the industry pursuant to the lease/sale and any bonds may be issued pursuant to and secured by a trust indenture. The proceedings under which bonds are authorized to be issued or any such trust indenture may contain any agreements and provisions customarily contained in instruments securing bonds, including, without limiting the generality of the foregoing, provisions respecting the fixing and collection of the sums payable by the industry to the municipality and/or the trustee, if any, as the case may be, pursuant to the lease/sale, the maintenance and insurance of the pollution control facilities, the creation and maintenance of special funds by the industry, and the rights and remedies available in the event of default to the bondholders or to the trustee under such trust indenture, all as the governing board shall deem advisable. Provided, however, that in making any such agreements or provisions no municipality shall have the power to obligate itself except with respect to any security pledged, mortgaged or otherwise made available by the industry for the securing of the bonds, and the application of the revenues from the agreement, made under either subsections (d) or (e) of Section
49-17-103
and shall not have the power to incur a pecuniary liability or a charge upon its general credit or against its taxing powers. The proceedings authorizing any bonds hereunder and any trust indenture securing such bonds may provide that in the event of default in payment of the principal of or the interest on such bonds or in the performance of any agreement contained in such proceedings or trust indenture, such payment and performance may be enforced by mandamus or by the appointment of a receiver in equity with such powers as may be necessary to enforce the obligations thereof. No breach of any such agreement shall impose any pecuniary liability upon any municipality, or any charge upon its general credit or against its taxing power.
The trustee or trustees under any trust indenture, or any depository specified by such trust indenture, may be such persons or corporations as the governing board shall designate, notwithstanding that they may be nonresidents of Mississippi or incorporated under the laws of the United States or the laws of other states of the United States.
Laws, 1973, ch. 505, § 4, eff. 4/17/1973.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 17 - POLLUTION OF WATERS, STREAMS, AND AIR (§§ 49-17-1 — 49-17-775) › COUNTY AND MUNICIPAL BONDS FOR POLLUTION CONTROL (§§ 49-17-101 — 49-17-123) › Section 49-17-109 - Contracts for facilities

Contracts for acquisition, purchase, construction and/or installation of facilities contemplated by Sections
49-17-101
through
49-17-123
shall be effected in the manner prescribed by law for public contracts; provided, however, where (a) the municipality finds and records such finding on its minutes, that because of availability or particular nature of such facilities, it would not be in the public interest or would less effectively achieve the purposes of Sections
49-17-101
through
49-17-123
to enter into such contracts upon the basis of public bidding pursuant to advertisement, (b) the industry concurs in such finding, and (c) such finding is approved by the board, public bidding pursuant to advertisement may be dispensed with and such contracts may be entered into based upon negotiation; and provided further, the industry at its option, may negotiate such contracts in the name of the municipality.
Laws, 1973, ch. 505, § 5, eff. 4/17/1973.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 17 - POLLUTION OF WATERS, STREAMS, AND AIR (§§ 49-17-1 — 49-17-775) › COUNTY AND MUNICIPAL BONDS FOR POLLUTION CONTROL (§§ 49-17-101 — 49-17-123) › Section 49-17-111 - Certain findings necessary preliminary to financing of facilities

Prior to undertaking the financing of any pollution control facility, the governing board shall obtain a finding of the pollution authority that the pollution control facilities are necessary and that the design thereof will result in the elimination, mitigation and/or prevention of air or water pollution.
Laws, 1973, ch. 505, § 6, eff. 4/17/1973.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 17 - POLLUTION OF WATERS, STREAMS, AND AIR (§§ 49-17-1 — 49-17-775) › COUNTY AND MUNICIPAL BONDS FOR POLLUTION CONTROL (§§ 49-17-101 — 49-17-123) › Section 49-17-113 - Duties required of industries under agreements and lease/sales

Every agreement under either subsection (d) or (e) of Section
43-17-103
shall contain a covenant obligating the industry to effect the completion of the pollution control facilities if the proceeds of the bonds, including parity completion bonds, if any, prove insufficient, and each such lease/sale shall obligate the industry to make payments which shall be sufficient (a) to pay the principal of and interest on the bonds issued for such pollution control facilities, (b) to build up and maintain any reserves deemed by the governing board to be advisable in connection therewith, and (c) to pay the costs of maintaining the pollution control facilities in good repair and the cost of keeping it properly insured. Such agreement may provide for the issuance of additional parity bonds as required in order to complete the pollution control facility.
Laws, 1973, ch. 505, § 7, eff. 4/17/1973.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 17 - POLLUTION OF WATERS, STREAMS, AND AIR (§§ 49-17-1 — 49-17-775) › COUNTY AND MUNICIPAL BONDS FOR POLLUTION CONTROL (§§ 49-17-101 — 49-17-123) › Section 49-17-115 - Optional terms of lease/sale agreements

Any agreement made under subsection (e) of Section
49-17-103
may provide that the pollution control facilities will be owned by the municipality, and leased to the industry; may provide the industry with an option to purchase the pollution control facility upon such terms and conditions as the governing board and the industry shall agree upon at a price which may be a nominal amount or less than the true value at the time of purchase; or may provide that the pollution control facilities shall become the property of the industry upon the acquisition thereof. Any such agreement may also, but is not required to, include a guaranty agreement whereby a corporation, foreign or domestic, other than the industry guarantees in whole or in part the obligations of the industry under the lease/sale upon such terms and conditions as the governing board may deem appropriate.
Laws, 1973, ch. 505, § 8, eff. 4/17/1973.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 17 - POLLUTION OF WATERS, STREAMS, AND AIR (§§ 49-17-1 — 49-17-775) › COUNTY AND MUNICIPAL BONDS FOR POLLUTION CONTROL (§§ 49-17-101 — 49-17-123) › Section 49-17-117 - Application of bond proceeds; what costs of acquisition include

The proceeds from the sale of any bonds issued under authority of Sections
49-17-101
through
49-17-123
shall be applied only for the purpose for which the bonds were issued; provided, however, that any premium and accrued interest received in any such sale shall be applied to the payment of the principal of or the interest on the bonds sold; and provided, further, that if for any reason any portion of the proceeds shall not be needed for the purpose for which the bonds were issued, such unneeded portion of the proceeds shall be applied to the payment of the principal of or interest on the bonds. The cost of acquiring any pollution control facilities shall be deemed to include the following: the actual cost of the construction of any part of any pollution control facilities which may be constructed, including architect's, engineer's and legal fees; the purchase price of any land necessary therefor; the purchase price of any part of any pollution control facilities that may be acquired by purchase; all expenses in connection with the authorization, sale and issuance of the bonds to finance such acquisition; and the interest on the bonds for a reasonable time prior to construction, during construction, and for not exceeding one (1) year after completion of the construction.
Laws, 1973, ch. 505, § 9, eff. 4/17/1973.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 17 - POLLUTION OF WATERS, STREAMS, AND AIR (§§ 49-17-1 — 49-17-775) › COUNTY AND MUNICIPAL BONDS FOR POLLUTION CONTROL (§§ 49-17-101 — 49-17-123) › Section 49-17-119 - Exemption from state taxation

The bonds authorized by Sections
49-17-101
through
49-17-123
and the income therefrom, all trust indentures and mortgages executed as security therefor, all lease agreements made pursuant to the provisions hereof, and all pollution control facilities (when owned by the municipality) and the revenues derived from any agreement with respect thereto shall be exempt from all taxation by the State of Mississippi, and by any political subdivision thereof, except for inheritance, estate or transfer taxes and except further the contractors tax levied by Section
27-65-21
, Mississippi Code of 1972.
Laws, 1973, ch. 505, § 10, eff. 4/17/1973.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 17 - POLLUTION OF WATERS, STREAMS, AND AIR (§§ 49-17-1 — 49-17-775) › COUNTY AND MUNICIPAL BONDS FOR POLLUTION CONTROL (§§ 49-17-101 — 49-17-123) › Section 49-17-121 - Governing board to petition for permission to issue bonds

No bonds shall be issued pursuant to the provisions of Sections
49-17-101
through
49-17-123
until the proposal of the governing board to issue the bonds shall receive the approval of the board. Whenever the governing board shall propose to issue bonds pursuant to the provisions of said sections, it shall file its petition to the board setting forth:
(a)
a brief description of the pollution control facilities proposed to be undertaken;
(b)
a statement setting forth the action taken by the pollution control authority in connection with the pollution control facilities;
(c)
a reasonable estimate of the cost of the pollution control facilities;
(d)
a general summary of the terms and conditions of the lease/sale; and
(e)
financial statements on lessee company. Upon the filing of the petition the board shall, as soon as practicable, make such investigation as it deems advisable, and if it finds that the proposed pollution control facilities are intended to promote the purposes of Sections
49-17-101
through
49-17-123
and may be reasonably anticipated to effect such result, it shall be authorized to approve the pollution control facilities, and at any time not exceeding six (6) years following such approval, the governing board may proceed with the issuance of bonds for the pollution control facilities. Notice of the approval by the board shall be published at least once by the governing board in a newspaper having general circulation in the county where the pollution control facilities are to be located. The governing board shall thereupon adopt and publish as required by law a resolution declaring its intention to issue said bonds.
Any qualified elector may challenge the validity of such approval by intervention in the bond validation proceedings.
Authority hereby vested in any governing board to issue, and the board to approve, revenue bonds pursuant to and in accordance with Sections
49-17-101
through
49-17-123
is supplemental to, and may be exercised irrespective of Sections
27-39-15
,
57-1-1
to
57-1-51
,
57-1-71
to
57-1-83
,
57-1-101
to
57-1-107
, and
57-3-1
to
57-3-33
, Mississippi Code of 1972.
Laws, 1973, ch. 505, § 11, eff. 4/17/1973.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 17 - POLLUTION OF WATERS, STREAMS, AND AIR (§§ 49-17-1 — 49-17-775) › COUNTY AND MUNICIPAL BONDS FOR POLLUTION CONTROL (§§ 49-17-101 — 49-17-123) › Section 49-17-123 - Construction against participation under Chapter 471, Laws of 1971, or in state pollution appropriations

Nothing in Sections
49-17-101
through
49-17-123
shall be construed as granting authority for participation under the provisions of Chapter 471, Laws of 1971, as now or hereafter amended or participation in state appropriations for pollution control purposes.
Laws, 1973, ch. 505, § 12, eff. 4/17/1973.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 17 - POLLUTION OF WATERS, STREAMS, AND AIR (§§ 49-17-1 — 49-17-775) › GULF COAST REGIONAL WASTEWATER MANAGEMENT COMMISSION [Repealed] (§ 49-17-131) › Section 49-17-131 - through 49-17-143 - [Repealed]

Repealed by Laws of 1979, ch. 437, § 8, eff. 3/30/1980.
§ 49-17-131. [Laws, 1979, ch. 437, § 1] § 49-17-133. [Laws, 1979, ch. 437, § 2] § 49-17-135. [Laws, 1979, ch. 437, § 3] § 49-17-137. [Laws, 1979, ch. 437, § 4] § 49-17-139. [Laws, 1979, ch. 437, § 5] § 49-17-141. [Laws, 1979, ch. 437, § 6] § 49-17-143. [Laws, 1979, ch. 437, § 7]
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 17 - POLLUTION OF WATERS, STREAMS, AND AIR (§§ 49-17-1 — 49-17-775) › SOUTHERN REGIONAL WASTEWATER MANAGEMENT DISTRICT [Repealed] (§ 49-17-161) › Section 49-17-161 - through 49-17-209 - [Repealed]

Repealed by Laws of 2006, ch. 546, § 39, effective 7/1/2007.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 17 - POLLUTION OF WATERS, STREAMS, AND AIR (§§ 49-17-1 — 49-17-775) › MISSISSIPPI GULF COAST REGIONAL WASTEWATER AUTHORITY [Repealed] (§ 49-17-301) › Section 49-17-301 - through 49-17-353 - [Repealed]

Repealed by Laws of 2006, ch. 546, § 40, effective 7/1/2007.
§ 49-17-301. [Laws, 1980, ch. 521, § 1, eff. 5/23/1980.] § 49-17-303. [Laws, 1980, ch. 521, § 2; Laws, 1982, ch. 378, § 1, eff. 3/22/1982.] § 49-17-305. [Laws, 1980, ch. 521, § 3, eff. 5/23/1980.] § 49-17-307. [Laws, 1980, ch. 521, § 4, eff. 5/23/1980.] § 49-17-309. [Laws, 1980, ch. 521, § 5; Laws, 1982, ch. 378, § 2, eff. 3/22/1982.] § 49-17-311. [Laws, 1980, ch. 521, § 6; Laws, 1982, ch. 378, § 3, eff. 3/22/1982.] § 49-17-313. [Laws, 1980, ch. 521, § 7, eff. 5/23/1980.] § 49-17-315. [Laws, 1980, ch. 521, § 8, eff. 5/23/1980.] § 49-17-317. [Laws, 1980, ch. 521, § 9, eff. 5/23/1980.] § 49-17-319. [Laws, 1980, ch. 521, § 10, eff. 5/23/1980.] § 49-17-321. [Laws, 1980, ch. 521, § 11, eff. 5/23/1980.] § 49-17-323. [Laws, 1980, ch. 521, § 12, eff. 5/23/1980.] § 49-17-325. [Laws, 1980, ch. 521, § 13; Laws, 1982, chs. 378, § 4; 434, § 24, eff. 4/3/1982.] § 49-17-327. [Laws, 1980, ch. 521, § 14, eff. 5/23/1980.] § 49-17-329. [Laws, 1980, ch. 521, § 15, eff. 5/23/1980.] § 49-17-331. [Laws, 1980, ch. 521, § 16, eff. 5/23/1980.] § 49-17-333. [Laws, 1980, ch. 521, § 17, eff. 5/23/1980.] § 49-17-335. [Laws, 1980, ch. 521, § 18, eff. 5/23/1980.] § 49-17-337. [Laws, 1980, ch. 521, § 19, eff. 5/23/1980.] § 49-17-339. [Laws, 1980, ch. 521, § 20, eff. 5/23/1980.] § 49-17-341. [Laws, 1980, ch. 521, § 21, eff. 5/23/1980.] § 49-17-343. [Laws, 1980, ch. 521, § 22, eff. 5/23/1980.] § 49-17-345. [Laws, 1980, ch. 521, § 23, eff. 5/23/1980.] § 49-17-347. [Laws, 1980, ch. 521, § 24, eff. 5/23/1980.] § 49-17-349. [Laws, 1980, ch. 521, § 25, eff. 5/23/1980.] § 49-17-351. [Laws, 1980, ch. 521, § 26, eff. 5/23/1980.] § 49-17-353. [Laws, 1980, ch. 521, § 27, eff. 5/23/1980.]
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 17 - POLLUTION OF WATERS, STREAMS, AND AIR (§§ 49-17-1 — 49-17-775) › MISSISSIPPI UNDERGROUND STORAGE TANK ACT OF 1988 (§§ 49-17-401 — 49-17-435) › Section 49-17-401 - Short title

Sections
49-17-401
through
49-17-433
shall be known as the Mississippi Underground Storage Tank Act of 1988.
Laws, 1988, ch. 547, § 1, eff. 7/1/1988.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 17 - POLLUTION OF WATERS, STREAMS, AND AIR (§§ 49-17-1 — 49-17-775) › MISSISSIPPI UNDERGROUND STORAGE TANK ACT OF 1988 (§§ 49-17-401 — 49-17-435) › Section 49-17-409 - Reports of contamination incidents; no recourse against tank owner; exceptions

The commission is authorized to establish requirements for the written reporting of motor fuel contamination incidents from underground storage tanks. All sites involving incidents of motor fuel contamination from underground storage tanks, where the owner of such tanks is in substantial compliance and files a written report with the commission of such incident, shall be qualified sites for the expenditure of funds from the Mississippi Groundwater Protection Trust Fund created by Sections
49-17-401
through
49-17-433
. Any funds so expended shall be absorbed at the expense of the fund, without recourse to reimbursement or recovery from any underground storage tank owner, subject to the following exceptions:
(a)
The provisions of this section shall not apply to any site where the department has initiated any cleanup or civil enforcement action prior to the passage of Sections
49-17-401
through
49-17-433
.
(b)
The provisions of this section shall not apply to any site where the department has been denied site access to implement the provisions of Sections
49-17-401
through
49-17-433
.
(c)
The provisions of this section shall not be construed to authorize or require reimbursement from the fund for costs expended prior to the passage of Sections
49-17-401
through
49-17-433
.
(d)
The commission may determine, in its discretion, that the owner of an underground storage tank is not in substantial compliance for the purposes of this section and Section
49-17-405
, if such owner of an underground storage tank has been delinquent in the payment of tank regulatory fees for more than three (3) months after such fee is due and payable.
(e)
Any provisions of this section and chapter regarding liability for the costs of clean-up, removal, remediation or abatement of any pollution, hazardous waste or solid waste shall be limited as provided in Section
49-17-42
and rules adopted thereto.
Laws, 1988, ch. 547, § 5; Laws, 1990, ch. 512, § 2; Laws, 1992, ch. 397, § 2; Laws, 1995, ch. 627, § 8, eff. 7/1/1995.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 17 - POLLUTION OF WATERS, STREAMS, AND AIR (§§ 49-17-1 — 49-17-775) › MISSISSIPPI UNDERGROUND STORAGE TANK ACT OF 1988 (§§ 49-17-401 — 49-17-435) › Section 49-17-411 - Compliance with regulations

No person shall own, install or operate an underground storage tank without complying with the applicable regulations of the commission.
Laws, 1988, ch. 547, § 6, eff. 7/1/1988.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 17 - POLLUTION OF WATERS, STREAMS, AND AIR (§§ 49-17-1 — 49-17-775) › MISSISSIPPI UNDERGROUND STORAGE TANK ACT OF 1988 (§§ 49-17-401 — 49-17-435) › Section 49-17-413 - Rules and regulations

(1)
The commission shall promulgate rules and regulations governing underground storage tanks, which shall include, but not be limited to:
(a)
Notification of abandoned underground storage tanks;
(b)
Registration of underground storage tanks currently under operation;
(c)
Standards for underground storage tanks. The commission shall distinguish in such standards between requirements appropriate for new tanks, for tanks in existence on the date of the promulgation of the standards and for abandoned tanks. These standards shall include, but not be limited to, design, construction, installation, release detection, and compatibility standards;
(d)
Release detection, prevention and corrective action;
(e)
Tank closure requirements;
(f)
Standards for monitoring, testing, reporting and record keeping;
(g)
Requirements for financial responsibility. The commission shall adopt requirements to insure financial responsibility for corrective action and compensation of third parties required by releases arising from the operation of an underground storage tank, except that such requirements shall not exceed those established by the United States Environmental Protection Agency (EPA). Financial responsibility may be established by any one (1) or combination of the following: insurance; guarantee; surety bond; letter of credit; qualification as a self-insurer; for owners of underground storage tanks containing motor fuels, use of the Mississippi Groundwater Protection Trust Fund; or any other financial assurance mechanism which shall be allowed under EPA regulations governing underground storage tanks; and
(h)
Requirements to implement the National Energy Policy Act of 2005 (EPACT),
42 USC 15801
.
(2)
Variances and temporary emergency variances may be granted by the commission from any regulation adopted pursuant to Section
49-17-401
et seq.
Laws, 1988, ch. 547, § 7; Laws, 2008, ch. 308, § 1, eff. 3/17/2008.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 17 - POLLUTION OF WATERS, STREAMS, AND AIR (§§ 49-17-1 — 49-17-775) › MISSISSIPPI UNDERGROUND STORAGE TANK ACT OF 1988 (§§ 49-17-401 — 49-17-435) › Section 49-17-415 - Obligations of owners and operators of tanks; powers of commission or representatives

For the purposes of identifying the source of known or suspected pollution, developing or assisting in the development of any regulation, conducting any study, taking corrective action or enforcing the provisions of Sections
49-17-401
through
49-17-433
, any owner or operator of an underground storage tank shall, upon the request of any duly authorized representative of the commission: furnish information relating to such tanks, including tank equipment and contents; conduct monitoring or testing; and permit the designated representative at all reasonable times to have access to and to copy all records relating to such tanks. For the purposes of identifying the source of known or suspected pollution, developing or assisting in the development of any regulation, conducting any study, or enforcing the provisions of Sections
49-17-401
et seq., any duly authorized representatives of the commission are authorized:
(a)
To enter at reasonable times any establishment or place where an underground storage tank is located;
(b)
To inspect and obtain samples from any person of any regulated substances contained in such tank; and
(c)
To conduct monitoring or testing of the tanks, associated equipment, contents or surrounding soils, air, surface water or groundwater.
Laws, 1988, ch. 547, § 8, eff. 7/1/1988.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 17 - POLLUTION OF WATERS, STREAMS, AND AIR (§§ 49-17-1 — 49-17-775) › MISSISSIPPI UNDERGROUND STORAGE TANK ACT OF 1988 (§§ 49-17-401 — 49-17-435) › Section 49-17-417 - [Repealed]

Repealed by its own terms by Laws, 1988, ch. 547, § 9, eff. 7/1/1994.
Laws, 1988, ch. 547, § 9.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 17 - POLLUTION OF WATERS, STREAMS, AND AIR (§§ 49-17-1 — 49-17-775) › MISSISSIPPI UNDERGROUND STORAGE TANK ACT OF 1988 (§§ 49-17-401 — 49-17-435) › Section 49-17-419 - Authority of commission to take timely and effective corrective action; use of funds from pollution emergency fund

Nothing contained in the Mississippi Underground Storage Tanks Act of 1988 (Sections
49-17-401
through
49-17-433
) shall prevent the commission from requiring any owner of an underground storage tank from taking timely and effective corrective action.
The commission may use the Pollution Emergency Fund for emergency or remedial cleanup of underground storage tank leaks when the tank owner will not take timely and effective action. In the event of the necessity for such immediate remedial or cleanup action, the commission may contract for same and advance funds from the Pollution Emergency Fund to pay the costs thereof, such advancements to be repaid to the Pollution Emergency Fund upon recovery by the commission from the tank owner.
Laws, 1988, ch. 547, § 10, eff. 7/1/1988.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 17 - POLLUTION OF WATERS, STREAMS, AND AIR (§§ 49-17-1 — 49-17-775) › MISSISSIPPI UNDERGROUND STORAGE TANK ACT OF 1988 (§§ 49-17-401 — 49-17-435) › Section 49-17-423 - Commission to administer funds from Leaking Underground Storage Tank Trust Fund

The commission shall administer the expenditure of any funds made available from the Leaking Underground Storage Tank Trust Fund established by the Federal Superfund Amendments and Reauthorization Act of 1986, Public Law No. 99-499, October 17, 1986, Public Law No. 99-563, October 27, 1986, 42 USCS Sections 9671-9675, and shall have authority to promulgate any rules and regulations necessary to administer this program.
Laws, 1988, ch. 547, § 12, eff. 7/1/1988.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 17 - POLLUTION OF WATERS, STREAMS, AND AIR (§§ 49-17-1 — 49-17-775) › MISSISSIPPI UNDERGROUND STORAGE TANK ACT OF 1988 (§§ 49-17-401 — 49-17-435) › Section 49-17-425 - Disclosure of records, reports, and information

The disclosure of any records, reports or information obtained pursuant to Sections
49-17-401
et seq. shall be governed by the Mississippi Public Records Act of 1983, Section
25-61-1
and Section
49-17-39
, Mississippi Code of 1972, and the regulations of the commission promulgated thereunder.
Laws, 1988, ch. 547, § 13, eff. 7/1/1988.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 17 - POLLUTION OF WATERS, STREAMS, AND AIR (§§ 49-17-1 — 49-17-775) › MISSISSIPPI UNDERGROUND STORAGE TANK ACT OF 1988 (§§ 49-17-401 — 49-17-435) › Section 49-17-429 - Certification to install, alter or remove underground storage tanks

No person may install, alter or remove an underground storage tank after July 1, 1990, without first having been certified by the Commission on Natural Resources. The commission shall adopt rules and regulations setting forth the requirements for such certification which shall include but not be limited to a certification examination.
Laws, 1988, ch. 547, § 15, eff. 7/1/1988.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 17 - POLLUTION OF WATERS, STREAMS, AND AIR (§§ 49-17-1 — 49-17-775) › MISSISSIPPI UNDERGROUND STORAGE TANK ACT OF 1988 (§§ 49-17-401 — 49-17-435) › Section 49-17-431 - Appeal rights

Any person aggrieved by any decision by the commission or the director relating to any provision of Sections
49-17-401
through
49-17-433
shall have the right to appeal as provided in Section
49-17-41
, Mississippi Code of 1972.
Laws, 1988, ch. 547, § 16, eff. 7/1/1988.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 17 - POLLUTION OF WATERS, STREAMS, AND AIR (§§ 49-17-1 — 49-17-775) › MISSISSIPPI UNDERGROUND STORAGE TANK ACT OF 1988 (§§ 49-17-401 — 49-17-435) › Section 49-17-433 - Savings clause

The provisions of Sections
49-17-401
through
49-17-433
are severable. If any part of Sections
49-17-401
through
49-17-433
is declared invalid or unconstitutional, such declaration shall not affect the part which remains.
Laws, 1988, ch. 547, § 17, eff. 7/1/1988.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 17 - POLLUTION OF WATERS, STREAMS, AND AIR (§§ 49-17-1 — 49-17-775) › MISSISSIPPI UNDERGROUND STORAGE TANK ACT OF 1988 (§§ 49-17-401 — 49-17-435) › Section 49-17-435 - Annual report on status of underground storage tank program and groundwater protection trust fund

Before November 15 of each year, the department shall report to the appropriate environmental committees of the Senate and House of Representatives on the status of the Underground Storage Tank Program and the Groundwater Protection Trust Fund. The report shall include at a minimum any recommendations for improvement of the program and for ensuring the soundness of the fund and, to the extent practicable, an assessment of any changes in the retail price of motor fuels caused by the environmental protection fee.
Laws, 1993, ch. 470, § 4; Laws, 1995, ch. 404, § 2, eff. 7/1/1995.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 17 - POLLUTION OF WATERS, STREAMS, AND AIR (§§ 49-17-1 — 49-17-775) › LEAD-BASED PAINT ACTIVITY ACCREDITATION AND CERTIFICATION ACT (§§ 49-17-501 — 49-17-531) › Section 49-17-501 - Short title

Sections
49-17-501
through
49-17-531
shall be known as and may be cited as the "Lead-Based Paint Activity Accreditation and Certification Act."
Laws, 1997, ch. 390, § 1, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 17 - POLLUTION OF WATERS, STREAMS, AND AIR (§§ 49-17-1 — 49-17-775) › LEAD-BASED PAINT ACTIVITY ACCREDITATION AND CERTIFICATION ACT (§§ 49-17-501 — 49-17-531) › Section 49-17-503 - Purpose

The purpose of Sections
49-17-501
through
49-17-531
is to provide for the accreditation of lead-based paint activities training programs, procedures and requirements for certification of persons engaged in lead-based paint activities and development and implementation of work practice standards for lead-based paint activities in target housing, child-occupied facilities and other facilities regulated under Section 402 of the federal Toxic Substances Control Act. It is the intent of Sections
49-17-501
through
49-17-531
that the cost of the administration and enforcement of Sections
49-17-501
through
49-17-531
shall be borne fully by federal grants and fees for accreditation, certification, renovation projects and abatement projects.
Laws, 1997, ch. 390, § 2; Laws, 2009, ch. 427, § 1, eff. 3/23/2009.