reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 17 - SOLID WASTES DISPOSAL (§§ 17-17-1 — 17-17-507) › MISSISSIPPI REGIONAL SOLID WASTE MANAGEMENT AUTHORITY ACT (§§ 17-17-301 — 17-17-349) › Section 17-17-303 - Legislative findings

The Legislature hereby finds and declares: that the collection, disposal and utilization of municipal solid waste is a matter of grave concern to all citizens and is an activity thoroughly affected with the public interest; that the health, safety and welfare of the people of this state require efficient municipal solid waste collection and disposal service; that there is a need for planning, research, development and innovation in the design, management and operation of facilities for municipal solid waste management, to encourage continuing improvement and provide adequate incentives and processes for reducing operation and other costs in the management of municipal solid waste; to provide for the collection and disposal of municipal solid waste and to encourage planning of municipal solid waste collection and disposal service, it is necessary and desirable to authorize the creation of regional authorities by counties and municipalities to acquire, construct, operate and maintain municipal solid waste management facilities.
Laws, 1991, ch. 581, § 2, 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) › MISSISSIPPI REGIONAL SOLID WASTE MANAGEMENT AUTHORITY ACT (§§ 17-17-301 — 17-17-349) › Section 17-17-307 - Creation of authority

Any unit of local government or any combination thereof may form a regional solid waste management authority. Creation of an authority shall be initiated by ordinance or resolution duly adopted by the governing body of each unit of local government. The ordinance or resolution shall state the necessity for the authority, the primary function, and authorize a designated representative of the unit of local government to enter into an incorporation agreement with the other units of local government. The authority is created and established as a public body corporate and politic constituting a political subdivision of the state and shall be deemed to be acting in all respects for the benefit of the people of the state in the performance of essential public functions and the authority shall be empowered in accordance with Sections
17-17-301
through
17-17-349
to promote the health, welfare and prosperity of the general public.
Laws, 1991, ch. 581, § 4, eff. 4/12/1991.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 17 - SOLID WASTES DISPOSAL (§§ 17-17-1 — 17-17-507) › MISSISSIPPI REGIONAL SOLID WASTE MANAGEMENT AUTHORITY ACT (§§ 17-17-301 — 17-17-349) › Section 17-17-315 - Administrative office; contracts for provision of staff support, administrative and operational services; preparation, development and review of solid waste management plan

The board may contract with and designate a local planning and development district in its jurisdiction to serve as the administrative office of the authority and to provide such staff support as may be necessary for the operation and administration of the authority. In addition, the board may contract with any county or municipality to provide support services and any member may contract with or as part of their service contract with the authority to provide such staff support, administrative and operational services as it deems advisable and on such terms as may be mutually agreed.
At the request of the board, the planning and development district shall coordinate and assist in the preparation and development of any solid waste management plan required by state law. A review of such plan shall be provided the board each year and periodically updated as determined to be necessary or as may be required by law.
Laws, 1991, ch. 581, § 8, 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) › MISSISSIPPI REGIONAL SOLID WASTE MANAGEMENT AUTHORITY ACT (§§ 17-17-301 — 17-17-349) › Section 17-17-323 - Rates and fees charged by public agencies for services provided by authority

Whenever a public agency enters into a contract as authorized by Sections
17-17-301
through
17-17-349
, and the payments are to be made either wholly or partly from the revenues of the authority's facilities, the duty is hereby imposed on the public agency at the direction of the authority to fix, establish and maintain, and from time to time adjust, the rates or fees charged by the public agency for the service of such facilities to the end that the revenues from such facilities, together with any ad valorem taxes levied for such payments, will be sufficient at all times to pay:
(a)
the expense of operating and maintaining such facilities;
(b)
all of the public agency's obligations to the authority under such contract; and
(c)
all of the obligations under and in connection with any outstanding bonds issued to finance in whole or in part such facilities.
Laws, 1991, ch. 581, § 12, 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) › MISSISSIPPI REGIONAL SOLID WASTE MANAGEMENT AUTHORITY ACT (§§ 17-17-301 — 17-17-349) › Section 17-17-325 - Submission of local nonhazardous solid waste management plan by authority; designation of geographic area for collection, storage, processing and disposal of solid waste; approval of permit application for facility

The authority may at the direction of the governing bodies of the participating units of local government submit a local nonhazardous solid waste management plan as required by Sections
17-17-201
through
17-17-235
, to the Commission on Environmental Quality providing the authority's assurance of capacity for the management of municipal solid waste within the geographical boundaries of the authority for the period of not less than twenty (20) years.
The authority may designate a geographic area to the permit board within which the collection, transportation, storage, processing and disposal of all municipal solid waste generated within such area shall be accomplished in accordance with a local nonhazardous solid waste management plan. Such designation shall be made only after the permit board has received a resolution adopted by the unit or units of local government having jurisdiction within such geographic area that such designation be made and after approval of the commission of a local nonhazardous solid waste management plan.
The permit board shall not approve any permit application unless the facility is consistent with the applicable local nonhazardous solid waste management plan.
Laws, 1991, ch. 581, § 13, 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) › MISSISSIPPI REGIONAL SOLID WASTE MANAGEMENT AUTHORITY ACT (§§ 17-17-301 — 17-17-349) › Section 17-17-331 - Temporary borrowing by authority

(1)
Pending the issuance of revenue bonds by the authority, the authority is hereby authorized to make temporary borrowings not to exceed two (2) years in anticipation of the issue of bonds in order to provide funds in such amounts as may, from time to time, be deemed advisable prior to the issue of bonds. To provide for such temporary borrowings, the authority may enter into any purchase, loan or credit agreement, or agreements or other agreement or agreements with any banks or trust companies or other lending institutions, investment banking firms or persons in the United States having power to enter into the same. The agreements may contain such provisions not inconsistent with Sections
17-17-301
through
17-17-349
as may be authorized by the board.
(2)
All temporary borrowings made under this section shall be evidenced by notes of the authority which shall be issued, from time to time, for such amounts, in such form and in such denominations and subject to terms and conditions of sale and issue, prepayment or redemption and maturity, rate or rates of interest and time of payment of interest as the board shall authorize and direct and in accordance with Sections
17-17-301
through
17-17-349
. Such authorization and direction may provide for the subsequent issuance of replacement notes to refund, upon issuance thereof, such notes, and may specify such other terms and conditions with respect to the notes and replacement notes thereby authorized for issuance as the board may determine and direct.
Laws, 1991, ch. 581, § 16, 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) › MISSISSIPPI REGIONAL SOLID WASTE MANAGEMENT AUTHORITY ACT (§§ 17-17-301 — 17-17-349) › Section 17-17-333 - Refunding bonds of authority

The authority may issue refunding bonds for the purpose of paying any of its bonds at or prior to maturity or upon acceleration or redemption. Refunding bonds may be issued at such time prior to the maturity or redemption of the refunded bonds as the authority deems to be in the public interest. The refunding bonds may be issued in sufficient amounts to pay or provide the principal of the bonds being refunded, together with any redemption premium thereof, any interest accrued or to accrue to the date of payment of such bonds, the expenses of issue of the refunding bonds, the expenses of redeeming the bonds being refunded, and such reserves for debt service or other capital or current expenses from the proceeds of such refunding bonds as may be required by the resolution, trust indenture or other security instruments. The issue of refunding bonds, the maturities and other details thereof, the security therefor, the rights of the holders and the rights, duties and obligations of the authority shall be governed by Sections
17-17-327
and
17-17-329
relating to the issue of bonds other than refunding bonds insofar as the same may be applicable.
Laws, 1991, ch. 581, § 17, 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) › MISSISSIPPI REGIONAL SOLID WASTE MANAGEMENT AUTHORITY ACT (§§ 17-17-301 — 17-17-349) › Section 17-17-335 - Issuance by municipalities or counties of bonds for payment of costs for closure, post-closure maintenance or corrective action for solid waste management facilities

The governing body of any municipality or county which owns and operates a municipal solid waste management facility which as a result of Subtitle D regulation of the Resource Conservation and Recovery Act of 1976, as amended, is required to incur cost for the closure, post-closure maintenance or any corrective action of any existing facility is authorized to issue general obligation bonds of the county or municipality pursuant to Sections
19-9-1
through
19-9-25
or Sections
21-33-301
through
21-33-323
or revenue bonds for such purposes. The revenue bonds may be payable from and serviced by any revenues derived from any fees, charges or rates for the operation of or providing for municipal solid waste collection and disposal services. The general obligation bonds shall be applied against any limitation on bonded indebtedness of the issuer.
Laws, 1991, ch. 581, § 18, 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) › MISSISSIPPI REGIONAL SOLID WASTE MANAGEMENT AUTHORITY ACT (§§ 17-17-301 — 17-17-349) › Section 17-17-337 - Validation of bonds

All bonds issued pursuant to Sections
17-17-329
,
17-17-333
and
17-17-335
may be validated as now provided by law in Sections
31-13-1
through
31-13-11
, Mississippi Code of 1972. Such validation proceedings shall be instituted in the chancery court of the county in which the principal office of the authority is located, but notice of such validation proceedings shall be published at least two (2) times in a newspaper of general circulation in each of the counties, the first publication of which in each case shall be made at least ten (10) days preceding the date set for validation.
Laws, 1991, ch. 581, § 19, 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) › MISSISSIPPI REGIONAL SOLID WASTE MANAGEMENT AUTHORITY ACT (§§ 17-17-301 — 17-17-349) › Section 17-17-341 - Appointment of trustee or receiver for enforcement or protection of rights of bondholders

The authority may, in any authorizing resolution of the board of commissioners, trust indenture or other security instrument relating to its bonds, provide for the appointment of a trustee who shall have such powers as are provided therein to represent the bondholders of any issue of bonds in the enforcement or protection of their rights under any such resolution, trust indenture or security instrument. The authority may also provide in such resolution, trust indenture or other security instrument that the trustee, or if the trustee so appointed fails or declines to protect and enforce such bondholders' rights then the percentage of bondholders as shall be set forth in, and subject to the provisions of, such resolution, trust indenture or other security instrument, may petition the chancery court of proper jurisdiction for the appointment of a receiver of the facilities, the revenues of which are pledged to the payment of the principal of and interest on the bonds held by such bondholders. Such receiver may exercise any power as may be granted in any such resolution, trust indenture or security instrument to enter upon and take possession of, acquire, construct or reconstruct, or operate and maintain such facilities, fix, charge, collect, enforce and receive all revenues derived from such facilities and perform the public duties and carry out the contracts and obligations of the authority in the same manner as the authority itself might do, all under the direction of such chancery court.
Laws, 1991, ch. 581, § 21, 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) › MISSISSIPPI REGIONAL SOLID WASTE MANAGEMENT AUTHORITY ACT (§§ 17-17-301 — 17-17-349) › Section 17-17-343 - Exemption from taxation

(1)
The exercise of the powers granted by Sections
17-17-301
through
17-17-349
will be in all respects for the benefit of the people of the state, for their well-being and prosperity and for the improvement of their social and economic conditions, and the authority shall not be required to pay any tax or assessment on any property owned by the authority or upon the income therefrom.
(2)
Any bonds issued by the authority under the provisions of Sections
17-17-301
through
17-17-349
, their transfer and the income therefrom shall at all time be free from taxation by the state or any unit of local government or other instrumentality of the state, except for inheritance and gift taxes.
Laws, 1991, ch. 581, § 22, 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) › MISSISSIPPI REGIONAL SOLID WASTE MANAGEMENT AUTHORITY ACT (§§ 17-17-301 — 17-17-349) › Section 17-17-345 - Powers of counties, municipalities or other political subdivisions and agencies and instrumentalities thereof as to assistance and cooperation with authorities

(1)
For the purpose of attaining the objectives of Sections
17-17-301
through
17-17-349
, any county, municipality or other unit of local government, public corporation, agency or instrumentality of the state, a county or municipality may, upon such terms and with or without consideration, as it may determine, do any or all of the following:
(a)
Lend, contribute, or donate money to any authority or perform services for the benefit thereof;
(b)
Donate, sell, convey, transfer, lease or grant to any authority, without the necessity of authorization at any election of qualified voters, any property of any kind; and
(c)
Do any and all things, whether or not specifically authorized in this section, not otherwise prohibited by law, that are necessary or convenient to aid and cooperate with any authority in attaining the objectives of Sections
17-17-301
through
17-17-349
.
(2)
Any county, municipality or other political subdivision, public corporation, agency or instrumentality of the state, a county or municipality are each hereby specifically authorized to enter into a contract or contracts obligating any such entity to manage its solid waste, or any part thereof, at a facility or facilities owned or operated by such authority and obligating such county, municipality or other political subdivision, public corporation, agency or instrumentality of the state, a county or municipality to make payments to such authority for such management on such terms, provisions and conditions as deemed appropriate. Any such contract or contracts may provide for the continuous management of such solid waste from year to year, but for a term not to exceed thirty (30) years. Any costs to any such county, municipality or other political subdivision, public corporation, agency or instrumentality of the state, a county or municipality shall be paid annually out of funds of any such county, municipality or other political subdivision, public corporation, agency or instrumentality of the state or any county or municipality. The entering into of such contract or contracts shall not constitute the incurring of a debt by such county, municipality or other unit of local government, public corporation, agency or instrumentality of the state or any county or municipality within the meaning of any constitutional or statutory limitations on debts of the state, the counties or the municipalities.
Laws, 1991, ch. 581, § 23, 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) › MISSISSIPPI REGIONAL SOLID WASTE MANAGEMENT AUTHORITY ACT (§§ 17-17-301 — 17-17-349) › Section 17-17-347 - Determination by local governments of costs for solid waste management within governmental service areas; establishment of systems for informing users of costs for solid waste management services; use of enterprise funds

(1)
At the conclusion of each fiscal year, beginning with Fiscal Year 1992, each unit of local government shall determine during its regular audit the full and complete cost for solid waste management within the service area of the unit of local government for the previous fiscal year, and shall update the full and complete cost every year thereafter. The Department of Audit shall establish the method for units of local government to use in calculating full and complete cost for the preceding fiscal year to be included as a part of the regular audit of the operations of the unit of local government.
(2)
(a)
Each unit of local government shall establish a system to inform, no less than once a year, residential and nonresidential users of municipal solid waste management services within its service area of the user's share, on an average or individual basis, of the full cost for municipal solid waste management as determined pursuant to subsection (1) of this section.
(b)
Counties and municipalities are encouraged to operate their municipal solid waste management systems through use of an enterprise fund.
(3)
For purposes of this section, "service area" means the area in which the unit of local government provides, directly or by contract, municipal solid waste management services. This section shall not be construed to require a person operating under a franchise agreement to manage municipal solid waste within the service area of a unit of local government to make the calculations or to establish a system to provide information required under this section, unless such person agrees to do so as part of such franchise agreement.
Laws, 1991, ch. 581, § 24; Laws, 1992, ch. 583 § 8, eff. 5/15/1992.
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) › MISSISSIPPI REGIONAL SOLID WASTE MANAGEMENT AUTHORITY ACT (§§ 17-17-301 — 17-17-349) › Section 17-17-348 - Counties and municipalities to publish detailed report of revenues and costs incurred in operating garbage or rubbish collection or disposal systems

(1)
In addition to any notice requirements otherwise provided by law, the board of supervisors of each county and the governing authorities of each municipality, before the first day of the fiscal year, shall publish in a newspaper having a general circulation in the county, a detailed, itemized report of all revenues, costs and expenses incurred by the county or municipality during the immediately preceding county or municipal fiscal year in operating the garbage or rubbish collection or disposal system. The report shall disclose:
(a)
The total dollar amount of revenues received or dedicated by the county or municipality during the immediately preceding fiscal year for operation of the garbage or rubbish collection or disposal system;
(b)
The identity of each source of funding and the dollar amount received from each source of funding during the immediately preceding fiscal year for operation of the garbage or rubbish collection or disposal system, including ad valorem taxes, fees and other sources; and
(c)
The total dollar amount expended by the county or municipality to operate the garbage or rubbish collection or disposal system, along with the names and addresses of all businesses and persons with whom the county or municipality has contracted to perform or provide garbage or rubbish collection or disposal, the dollar amount of expenditures made under each contract and an itemized list of all other expenditures of county or municipal funds to operate and administer the garbage or rubbish collection or disposal system.
(2)
The notice required under subsection (1) of this section shall be no less than one-eighth (1/8) page in size and the type used shall be no smaller than ten (10) point and surrounded by a one-fourth-inch (1/4) solid black border. The notice may not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The notice must appear in a newspaper that is published at least five (5) days a week, unless the only newspaper in the county is published less than five (5) days a week. The newspaper selected must be one of general interest and readership in the community, and not one of limited subject matter. The notice must be published at least once.
Laws, 1996, ch. 536, § 4, eff. 4/12/1996.
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) › MISSISSIPPI REGIONAL SOLID WASTE MANAGEMENT AUTHORITY ACT (§§ 17-17-301 — 17-17-349) › Section 17-17-349 - Derivation of pecuniary benefit by elected or appointed officials

No elected or appointed official shall derive any pecuniary benefit, directly or indirectly, as a result of such elected or appointed official's duties under Sections
17-17-301
through
17-17-349
.
Laws, 1991, ch. 581, § 31, 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) › DISPOSAL OF WASTE TIRES AND LEAD ACID BATTERIES; RIGHT-WAY-TO-THROW-AWAY PROGRAM (§§ 17-17-401 — 17-17-445) › Section 17-17-401 - Legislative findings

The Legislature finds that:
(a)
Uncontrolled disposal of waste tires may create a public health and safety problem because tire piles act as breeding sites for mosquitoes and other disease-transmitting vectors, pose substantial fire hazards and present a difficult disposal problem for landfills.
(b)
A significant number of waste tires are illegally dumped in Mississippi.
(c)
It is in the state's best interest to encourage efforts to recycle or recover resources from waste tires.
(d)
It is desirable to discourage the landfilling of whole waste tires.
Laws, 1991, ch. 531, § 1, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 17 - SOLID WASTES DISPOSAL (§§ 17-17-1 — 17-17-507) › DISPOSAL OF WASTE TIRES AND LEAD ACID BATTERIES; RIGHT-WAY-TO-THROW-AWAY PROGRAM (§§ 17-17-401 — 17-17-445) › Section 17-17-405 - Provision to department of information regarding waste tire collection sites; maintenance of unauthorized waste tire collection or disposal sites; disposal of waste tires at unauthorized sites; closure of sites upon cessation of operations

(1)
Owners and operators of any waste tire collection site shall provide the department with information concerning the site's location, size and approximate number of waste tires that have been accumulated at the site. The department shall promptly provide that information to the chancery clerk of the county in which the site is located.
(2)
It is unlawful for any person to maintain a waste tire collection site or a waste tire disposal site unless the site is authorized by the department or permitted by the permit board. It is unlawful for any person to dispose of waste tires in the state unless the waste tires are disposed at an authorized waste tire collection site, a waste tire collection center, waste tire processing site or a waste tire disposal site.
(3)
Each operator of a waste tire collection site in operation or accepting waste tires after January 1, 1991, shall ensure that the area is properly closed upon cessation of operations. The department may require that a closure plan be submitted with the application for authorization. The closure plan, as approved by the department, shall include at least the following:
(a)
A description of how and when the area will be closed; and
(b)
The method of final disposition of any waste tires remaining on the site at the time notice of closure is given to the department.
(4)
The operator shall notify the department at least ninety (90) days before the date the operator expects closure to begin. No waste tires may be received by the waste tire collection site after the date closure is to begin.
(5)
If the operator of a waste tire collection site fails to properly implement the closure plan, the commission shall order the operator to implement that plan, and take other steps under Section
17-17-29
to assure the proper closure of the site.
Laws, 1991, ch. 531, § 3; Laws, 1997, ch. 544, § 2, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 17 - SOLID WASTES DISPOSAL (§§ 17-17-1 — 17-17-507) › DISPOSAL OF WASTE TIRES AND LEAD ACID BATTERIES; RIGHT-WAY-TO-THROW-AWAY PROGRAM (§§ 17-17-401 — 17-17-445) › Section 17-17-407 - Promulgation and enforcement of rules and regulations

The commission may promulgate and enforce rules and regulations pertaining to collection, transportation, storage, processing and disposal of waste tires and may modify, repeal, make exceptions to and grant exemptions and variances from the rules and regulations. The rules and regulations shall include:
(a)
Methods of collection, storage, processing and disposal of waste tires. The following are permissible methods of waste tire processing and disposal:
(i)
Controlling soil erosion, when whole tires are not used;
(ii)
Grinding into crumbs for use in road asphalt, tire derived fuel and as raw materials for other products;
(iii)
Pyrolizing or other physico-chemical processing;
(iv)
Incineration;
(v)
Landfilling split, ground, chopped, sliced or shredded waste tires until July 1, 2000. Beginning July 1, 2000, the landfilling of waste tires in any form, including, but not limited to, split, ground, chopped, sliced, shredded or whole waste tires is prohibited, unless the commission grants an exception. In determining whether to grant an exception, the commission shall consider the following factors:
A.
Whether sufficient end-use or recycling markets have developed in all or parts of the state,
B.
whether the condition of the waste tire or waste tire derived material prevents recycling,
C.
whether the prohibition on landfilling waste tires will place a financial burden on local governments, or
D.
other factors the commission deems relevant. It is the intent of the Legislature that the commission shall, to the extent practicable, grant exceptions in areas of the state where the prohibition against landfilling waste tires will pose a demonstrated, unfunded financial burden on local governments.
(vi)
Other methods as approved by the commission.
(b)
Procedures for authorization or permitting for waste tire collection sites, waste tire processing facilities, waste tire haulers and waste tire disposal sites, including a review of the applicant's performance history;
(c)
Requirements for location of facilities at which waste tires are collected, stored, processed or disposed, with regards to property boundaries and buildings, pest control, accessibility by fire fighting equipment and other considerations as they relate to protection of public health and safety and the environment; and
(d)
Requirements for any financial assurance for waste tire haulers, waste tire collection sites, waste tire processing facilities and waste tire disposal facilities.
Laws, 1991, ch. 531, § 4; Laws, 1993, ch. 500, § 2; reenacted and amended, 1995, ch. 615, § 1; Laws, 1997, ch. 544, § 3; Laws, 1999, ch. 402, § 1, eff. 3/16/1999.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 17 - SOLID WASTES DISPOSAL (§§ 17-17-1 — 17-17-507) › DISPOSAL OF WASTE TIRES AND LEAD ACID BATTERIES; RIGHT-WAY-TO-THROW-AWAY PROGRAM (§§ 17-17-401 — 17-17-445) › Section 17-17-409 - Powers and duties of counties, regional solid waste management authorities or municipalities regarding waste tire collection, processing and disposal

Each county, regional solid waste management authority or municipality, as the case may be, shall, as part of its local nonhazardous solid waste management plan as required by law, plan and provide an adequate number of waste tire collection sites within its jurisdiction, for the deposit of waste tires from small quantity waste tire generators and shall ensure the delivery of these tires on an adequate frequency to an authorized waste tire processing/disposal facility operated by the county, regional solid waste authority or private entity. Counties may establish, own and/or operate a waste tire collection site or sites or may enter into leases or other contractual arrangements with other counties or private entities for the operation of waste tire collection sites for small quantity generators. Nothing in this section shall prevent a county or regional solid waste authority from providing a more expansive waste tire management service.
Laws, 1991, ch. 531, § 5; Laws, 1993, ch. 500, § 3, eff. 3/30/1993.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 17 - SOLID WASTES DISPOSAL (§§ 17-17-1 — 17-17-507) › DISPOSAL OF WASTE TIRES AND LEAD ACID BATTERIES; RIGHT-WAY-TO-THROW-AWAY PROGRAM (§§ 17-17-401 — 17-17-445) › Section 17-17-411 - Registration of waste tire haulers; issuance and use of hauler identification numbers

(1)
Any waste tire hauler transporting waste tires within or into the state must register with the department. Following submission of a completed application, the department shall issue to the waste tire hauler a waste tire hauling identification number.
(2)
Each waste tire hauler shall furnish its waste tire hauler identification number on all certification forms required under Sections
17-17-401
through
17-17-427
or regulations promulgated under those sections.
Laws, 1991, ch. 531, § 6; Laws, 1997, ch. 544, § 4, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 17 - SOLID WASTES DISPOSAL (§§ 17-17-1 — 17-17-507) › DISPOSAL OF WASTE TIRES AND LEAD ACID BATTERIES; RIGHT-WAY-TO-THROW-AWAY PROGRAM (§§ 17-17-401 — 17-17-445) › Section 17-17-413 - Execution and disposition of certification form relating to waste tires collected and shipped for storage, processing or disposal

(1)
Every tire retailer or other person providing waste tires for transportation to a facility for storage, processing or disposal shall complete and sign a certification form, as prescribed by the department certifying the number of waste tires shipped for processing or disposal, the county and state in which the tires were collected and the name and address of the waste tire processing, storage and/or disposal facility for which the waste tires are destined. The form shall be completed and signed by the waste tire hauler, certifying receipt of such waste tires from the tire retailer or other person providing waste tires for transportation to a facility for storage, processing or disposal. The waste tire hauler shall present the certification form to the owner or operator of a waste tire collection facility, waste tire processing facility or a waste tire disposal facility at the time of delivery of waste tires for collection, processing or disposal. The tire retailer or other person providing the waste tires for transportation shall retain a copy of the certification signed by such person and the waste tire hauler. The waste tire hauler and the owner or operator of the facility receiving the waste tires shall each retain a copy of the certification containing all signatures. Copies of these certification forms shall be retained for a minimum of three (3) years after the date of delivery of the waste tires.
(2)
The provisions of this section shall not apply to tires that are provided for disposal in quantities of five (5) or less by a person other than a waste tire collector, waste tire processor or waste tire hauler.
Laws, 1991, ch. 531, § 7, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 17 - SOLID WASTES DISPOSAL (§§ 17-17-1 — 17-17-507) › DISPOSAL OF WASTE TIRES AND LEAD ACID BATTERIES; RIGHT-WAY-TO-THROW-AWAY PROGRAM (§§ 17-17-401 — 17-17-445) › Section 17-17-415 - Tire retailers required to accept used or waste tires from customer at time of purchase; fee for accepting used or waste tire for disposal; limits and restrictions on holding of waste tires by retailers or wholesalers, motor vehicle dismantlers and salvage dealers

(1)
Any person selling new or reusable tires at retail shall accept from a customer at the point of transfer, used or waste tires in a quantity at least equal to the number of new or reusable tires purchased, if offered by the customer. The retailer may assess a disposal fee on each tire sold. If the retailer imposes a disposal fee, the retailer is prohibited from imposing a disposal fee on the customer in excess of the actual per tire disposal costs incurred by the retailer and is also prohibited from waiving the disposal fee if the customer keeps the used or waste tire. In addition, if a retailer is required to remit the waste tire fee in Section
17-17-423
directly to the State Tax Commission, the fee shall be considered a part of his actual disposal costs.
(2)
Any tire retailer, tire wholesaler, motor vehicle dismantler and salvage dealer may hold not more than five hundred (500) waste tires for a period not to exceed ninety (90) days without being authorized as a waste tire collection site, if such tires are stored in a manner which protects human health and the environment pursuant to regulations adopted by the commission.
Laws, 1991, ch. 531, § 8; Laws, 1993, ch. 500, § 4; Laws, 2004, ch. 536, § 2, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 17 - SOLID WASTES DISPOSAL (§§ 17-17-1 — 17-17-507) › DISPOSAL OF WASTE TIRES AND LEAD ACID BATTERIES; RIGHT-WAY-TO-THROW-AWAY PROGRAM (§§ 17-17-401 — 17-17-445) › Section 17-17-417 - Use of waste tires for soil erosion abatement, drainage and agricultural purposes

A person who leases or owns real property may use waste tires for soil erosion abatement and drainage purposes in accordance with procedures approved by the commission, or to secure covers over silage, hay, straw or agricultural products.
Laws, 1991, ch. 531, § 9, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 17 - SOLID WASTES DISPOSAL (§§ 17-17-1 — 17-17-507) › DISPOSAL OF WASTE TIRES AND LEAD ACID BATTERIES; RIGHT-WAY-TO-THROW-AWAY PROGRAM (§§ 17-17-401 — 17-17-445) › Section 17-17-421 - [Repealed]

Repealed by Laws of 1995, ch. 615, § 5, eff. 7/1/1995.
Laws, 1991, ch. 531, § 11; Laws, 1992, ch. 583 § 9; Laws, 1993, ch. 500, § 6.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 17 - SOLID WASTES DISPOSAL (§§ 17-17-1 — 17-17-507) › DISPOSAL OF WASTE TIRES AND LEAD ACID BATTERIES; RIGHT-WAY-TO-THROW-AWAY PROGRAM (§§ 17-17-401 — 17-17-445) › Section 17-17-423 - Imposition, administration, collection, enforcement and disposition of waste tire fee

(1)
There is imposed a waste tire fee upon the sale of each new tire sold at wholesale. The fee shall be imposed on any person engaging in the business of making wholesale sales of new tires within this state. The fee shall be imposed at the rate of One Dollar ($1.00) for each new tire sold with a rim diameter of less than twenty-four (24) inches and Two Dollars ($2.00) for each new tire sold with a rim diameter of twenty-four (24) inches or greater. The fee shall be added to the total cost to the purchaser at wholesale; however, a person engaged in the business of making retail sales of tires in this state who purchases tires from a wholesaler or manufacturer outside this state upon which the waste tire fee is not imposed, shall be responsible for remitting the waste tire fee directly to the State Tax Commission in lieu of payment of the tax to the wholesaler or manufacturer. The fee imposed, less five percent (5%) of fees collected, which shall be retained by the tire wholesaler or retailer as collection costs, shall be paid to the State Tax Commission in the form and manner required by the State Tax Commission and shall include a statement showing the total number of new tires sold during the preceding month. The State Tax Commission shall promulgate rules and regulations necessary to administer the fee collection and enforcement.
(2)
The State Tax Commission shall administer, collect and enforce the fee authorized under this section under the same procedures used in the administration, collection and enforcement of the state sales tax imposed under Chapter 65, Title 27, Mississippi Code of 1972, except as provided in this section. The proceeds of the waste tire fee, less five percent (5%) of the proceeds, which shall be retained by the State Tax Commission as collection costs, shall be transferred by the State Tax Commission into the waste tire account of the Environmental Protection Trust Fund.
Laws, 1991, ch. 531, § 12; Laws, 1997, ch. 544, § 5; Laws, 2001, ch. 571, § 1; Laws, 2004, ch. 536, § 1, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 17 - SOLID WASTES DISPOSAL (§§ 17-17-1 — 17-17-507) › DISPOSAL OF WASTE TIRES AND LEAD ACID BATTERIES; RIGHT-WAY-TO-THROW-AWAY PROGRAM (§§ 17-17-401 — 17-17-445) › Section 17-17-427 - Hauling or disposal of waste tires in violation of sections 17-17-401 through 17-17-427

Any person who hauls or disposes of a waste tire in violation of Sections
17-17-401
through
17-17-427
or any rules and regulations promulgated under those sections may be assessed a civil penalty of Fifty Dollars ($50.00) per violation. Each tire hauled or disposed of in violation of Sections
17-17-401
through
17-17-427
or any rules or regulations promulgated under those sections constitutes a separate violation.
Laws, 1991, ch. 521, § 14; Laws, 1997, ch. 544, § 7, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 17 - SOLID WASTES DISPOSAL (§§ 17-17-1 — 17-17-507) › DISPOSAL OF WASTE TIRES AND LEAD ACID BATTERIES; RIGHT-WAY-TO-THROW-AWAY PROGRAM (§§ 17-17-401 — 17-17-445) › Section 17-17-429 - Disposal of lead acid batteries

(1)
No person may place a lead acid battery in mixed municipal solid waste, discard or otherwise dispose of a lead acid battery except by delivery to a battery retailer or wholesaler, or to a permitted secondary lead smelter, or to a collection or recycling facility authorized under the laws of this state.
(2)
No battery retailer shall dispose of a lead acid battery except by delivery to the agent of a battery wholesaler or a permitted secondary lead smelter, to a battery manufacturer for delivery to a permitted secondary lead smelter or to a collection or recycling facility authorized under the laws of this state.
Laws, 1991, ch. 531, § 15, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 17 - SOLID WASTES DISPOSAL (§§ 17-17-1 — 17-17-507) › DISPOSAL OF WASTE TIRES AND LEAD ACID BATTERIES; RIGHT-WAY-TO-THROW-AWAY PROGRAM (§§ 17-17-401 — 17-17-445) › Section 17-17-431 - Duties of retail sellers of lead acid batteries

A person selling lead acid batteries at retail or offering lead acid batteries for retail sale in the state shall:
(a)
Accept from customers, at the point of transfer, used lead acid batteries in a quantity at least equal to the number of new batteries purchased, if offered by customers; and
(b)
Post written notice which must be at least eight and one-half inches (8-1/2") by eleven inches (11") in size and must contain the universal recycling symbol and the following language:
(i)
"IT IS ILLEGAL TO DISCARD A MOTOR VEHICLE BATTERY OR OTHER LEAD ACID BATTERY";
(ii)
"RECYCLE YOUR USED BATTERIES"; and
(iii)
"STATE LAW REQUIRES U.S. TO ACCEPT USED MOTOR VEHICLE BATTERIES OR OTHER LEAD ACID BATTERIES FOR RECYCLING IN EXCHANGE FOR NEW BATTERIES PURCHASED."
Laws, 1991, ch. 531, § 16, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 17 - SOLID WASTES DISPOSAL (§§ 17-17-1 — 17-17-507) › DISPOSAL OF WASTE TIRES AND LEAD ACID BATTERIES; RIGHT-WAY-TO-THROW-AWAY PROGRAM (§§ 17-17-401 — 17-17-445) › Section 17-17-433 - Preparation and distribution of notices required by section 17-17-431; inspection of premises and issuance of warnings; penalty for failure to post notice after receipt of warning

The Department of Environmental Quality shall produce, print and distribute the notices required by Section
17-17-431
to all places where lead acid batteries are offered for sale at retail. In performing its duties under this section, the department may inspect any place, building or premise governed by Section
17-17-431
. Authorized employees of the department may issue warnings to a person who fails to comply with the requirement of those sections. Any person who fails to post the required notice after receiving a warning may be subject to a fine of One Hundred Dollars ($100.00) per day.
Laws, 1991, ch. 531, § 17, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 17 - SOLID WASTES DISPOSAL (§§ 17-17-1 — 17-17-507) › DISPOSAL OF WASTE TIRES AND LEAD ACID BATTERIES; RIGHT-WAY-TO-THROW-AWAY PROGRAM (§§ 17-17-401 — 17-17-445) › Section 17-17-435 - Duty of wholesale sellers of lead acid batteries; removal of batteries accepted in transfer from battery retailers

Any person selling new lead acid batteries at wholesale shall accept from customers at the point of transfer, used lead acid batteries in a quantity at least equal to the number of new batteries purchased, if offered by customers. A person accepting batteries in transfer from a battery retailer shall be allowed a period not to exceed one hundred eighty (180) days to remove batteries from the retail point of collection.
Laws, 1991, ch. 531, § 18, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 17 - SOLID WASTES DISPOSAL (§§ 17-17-1 — 17-17-507) › DISPOSAL OF WASTE TIRES AND LEAD ACID BATTERIES; RIGHT-WAY-TO-THROW-AWAY PROGRAM (§§ 17-17-401 — 17-17-445) › Section 17-17-437 - Promulgation, etc., of rules and regulations for implementation of sections 17-17-429 through 17-17-445; penalties for violations

The commission may adopt, modify, repeal, promulgate, make exceptions to, grant exemptions and variances from and enforce rules and regulations required to implement Sections
17-17-429
through
17-17-445
. Unless a different penalty is specifically prescribed, any person found guilty by the commission of violating Sections
17-17-401
through
17-17-445
, any rule or regulation or written order promulgated or issued by the commission shall be subject to the penalties prescribed in Section
17-17-29
.
Laws, 1991, ch. 531, § 19; Laws, 1997, ch. 544, § 8, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 17 - SOLID WASTES DISPOSAL (§§ 17-17-1 — 17-17-507) › DISPOSAL OF WASTE TIRES AND LEAD ACID BATTERIES; RIGHT-WAY-TO-THROW-AWAY PROGRAM (§§ 17-17-401 — 17-17-445) › Section 17-17-439 - Creation of "Right-Way-To-Throw-Away Program."

To ensure the proper collection and management of hazardous wastes from households, farms, schools and small businesses, there is hereby created a program to be known as the "Right-Way-To-Throw-Away Program."
Laws, 1991, ch. 531, § 20, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 17 - SOLID WASTES DISPOSAL (§§ 17-17-1 — 17-17-507) › DISPOSAL OF WASTE TIRES AND LEAD ACID BATTERIES; RIGHT-WAY-TO-THROW-AWAY PROGRAM (§§ 17-17-401 — 17-17-445) › Section 17-17-441 - Development and administration of program; promulgation of rules and regulations for administration of funds for grants for establishment of household hazardous waste collection and management programs

(1)
The department shall develop and administer the Right-Way-To-Throw-Away Program.
(2)
The commission shall promulgate rules and regulations for the administration of funds, as may be appropriated or otherwise made available, for grants to counties, municipalities and multicounty agencies for the establishment and operation of household hazardous waste collection and management programs. The commission shall give priority to those programs operated by multicounty agencies.
Laws, 1991, ch. 531, § 21, eff. 7/1/1991.