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) › PROMOTION OF PROJECTS FOR TREATMENT OF SOLID AND HAZARDOUS WASTES (§§ 17-17-101 — 17-17-135) › Section 17-17-107 - Resolution for issuance of revenue bonds; notice of resolution; protest and election

Before issuing any revenue bonds hereunder, the governing body of any municipality shall adopt a resolution declaring its intention to so issue, stating the amount of bonds proposed to be issued, the purpose for which the bonds are to be issued, and the date upon which the governing body proposes to direct the issuance of such bonds. Such resolution shall be published once a week for at least three (3) consecutive weeks in at least one (1) newspaper published in the county in which such municipality is located. The first publication of such resolution shall be made not less than twenty-one (21) days prior to the date fixed in such resolution for the issuance of the bonds and the last publication shall be made not more than seven (7) days prior to such date. If no newspaper be published in such county, then such notice shall be given by publishing the resolution for the required time in some newspaper having a general circulation in such county, and, in addition, by posting a copy of such resolution for at least twenty-one (21) days next preceding the date fixed therein at three (3) public places in such county. If twenty percent (20%) or fifteen hundred (1500), whichever is less, of the qualified electors of the municipality shall file a written protest against the issuance of such bonds on or before the date specified in such resolution, then an election on the question of the issuance of such bonds shall be called and held as herein provided. If no such protest be filed, then such bonds may be issued without an election at any time within a period of two (2) years after the date specified in the above-mentioned resolution. However, the governing body of such municipality, in its discretion, may nevertheless call an election on the question of the issuance of the bonds, in which event it shall not be necessary to publish the resolution declaring its intention to issue bonds as herein provided.
Laws, 1981, ch. 527, § 4, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 17 - SOLID WASTES DISPOSAL (§§ 17-17-1 — 17-17-507) › PROMOTION OF PROJECTS FOR TREATMENT OF SOLID AND HAZARDOUS WASTES (§§ 17-17-101 — 17-17-135) › Section 17-17-109 - Notice of election

Where an election is to be called as provided in Section
17-17-107
, notice of such election shall be signed by the clerk of the governing body of any municipality and shall be published once a week for at least three (3) consecutive weeks, in at least one (1) newspaper published in such county. The first publication of such notice shall be made not less than twenty-one (21) days prior to the date fixed for such election and the last publication shall be made not more than seven (7) days prior to such date. If no newspaper is published in such county, then such notice shall be given by publishing the same for the required time in some newspaper having a general circulation in such county and, in addition, by posting a copy of such notice for at least twenty-one (21) days next preceding such election at three (3) public places in such county.
Laws, 1981, ch. 527, § 5, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 17 - SOLID WASTES DISPOSAL (§§ 17-17-1 — 17-17-507) › PROMOTION OF PROJECTS FOR TREATMENT OF SOLID AND HAZARDOUS WASTES (§§ 17-17-101 — 17-17-135) › Section 17-17-111 - Conduct of election

The election provided for in Section
17-17-107
shall be held, as far as is practicable, in the same manner as other elections are held in municipalities. At such election, all qualified electors of such municipality may vote, and the ballots used at such election shall have printed thereon a brief statement of the amount and purpose of the proposed bond issue and the words "FOR THE BOND ISSUE" and "AGAINST THE BOND ISSUE" and the voter shall vote by placing a cross (x) or check mark (Y) opposite his choice on the proposition.
Laws, 1981, ch. 527, § 6, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 17 - SOLID WASTES DISPOSAL (§§ 17-17-1 — 17-17-507) › PROMOTION OF PROJECTS FOR TREATMENT OF SOLID AND HAZARDOUS WASTES (§§ 17-17-101 — 17-17-135) › Section 17-17-113 - Determination of election results; time of issuance of bonds

When the results of the election on the question of the issuance of such bonds shall have been canvassed by the election commissioners of such municipality and certified by them to the governing body of such municipality, it shall be the duty of such governing body to determine and adjudicate whether or not a majority of the qualified electors who voted thereon in such election voted in favor of the issuance of such bonds, and unless this is the case, then such bonds shall not be issued. Should a majority of the qualified electors who vote thereon in such election vote in favor of the issuance of such bonds, then the governing body of the municipality may issue such bonds, either in whole or in part, within two (2) years from the date of such election, or within two (2) years after the final favorable termination of any litigation affecting the issuance of such bonds, as such governing body shall deem best.
Laws, 1981, ch. 527, § 7, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 17 - SOLID WASTES DISPOSAL (§§ 17-17-1 — 17-17-507) › PROMOTION OF PROJECTS FOR TREATMENT OF SOLID AND HAZARDOUS WASTES (§§ 17-17-101 — 17-17-135) › Section 17-17-115 - Bond terms and specifications; validation

The bonds issued by a municipality under authority of Sections
17-17-101
through
17-17-135
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
17-17-105
. Revenue bonds and interest coupons issued under authority of Sections
17-17-101
through
17-17-135
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 thirty (30) 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 revenue bonds issued under the authority of Sections
17-17-101
through
17-17-135
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 facilities 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
17-17-101
through
17-17-135
, 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, 1981, ch. 527, § 8; Laws, 1985, ch. 477, § 1, eff. 4/8/1985.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 17 - SOLID WASTES DISPOSAL (§§ 17-17-1 — 17-17-507) › PROMOTION OF PROJECTS FOR TREATMENT OF SOLID AND HAZARDOUS WASTES (§§ 17-17-101 — 17-17-135) › Section 17-17-117 - Security for bonds

The principal, interest and premium, if any, on any bonds shall be secured by a pledge of the revenues payable to the municipality, pursuant to either of the agreements specified in subsections (d) and (e) of Section
17-17-105
and may also, in the case of an agreement under subsection (e) of Section
17-17-105
, 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 a project, 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 revenue bonds, and the application of the revenues from the agreement, made under either subsection (d) or (e) of Section
17-17-105
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 revenue 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, 1981, ch. 527, § 9, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 17 - SOLID WASTES DISPOSAL (§§ 17-17-1 — 17-17-507) › PROMOTION OF PROJECTS FOR TREATMENT OF SOLID AND HAZARDOUS WASTES (§§ 17-17-101 — 17-17-135) › Section 17-17-119 - Refunding bonds

Any revenue bonds issued hereunder and at any time outstanding may at any time be refunded by a municipality by the issuance of its refunding bonds in such amount as the governing board may deem necessary, but not exceeding an amount sufficient to refund the principal of the bonds so to be refunded, together with any unpaid interest thereon and any premiums and commissions necessary to be paid in connection therewith. Any such refunding may be effected whether the bonds to be refunded shall have been matured or shall thereafter mature, either by sale of the refunding bonds and the application of the proceeds thereof for the payment of the bonds to be refunded thereby, or by exchange of the refunding bonds for the bonds to be refunded thereby, provided that the holders of any bonds so to be refunded shall not be compelled without their consent to surrender their bonds for payment or exchange prior to the date on which they are payable or, if they are called for redemption, prior to the date on which they are by their terms subject to redemption. Any refunding bonds issued under the authority of this section shall be payable solely from the revenues out of which the bonds to be refunded hereby were payable, and shall be subject to the provisions contained in Section
17-17-115
, and may be secured in accordance with the provisions of Section
17-17-117
.
Laws, 1981, ch. 527, § 10, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 17 - SOLID WASTES DISPOSAL (§§ 17-17-1 — 17-17-507) › PROMOTION OF PROJECTS FOR TREATMENT OF SOLID AND HAZARDOUS WASTES (§§ 17-17-101 — 17-17-135) › Section 17-17-121 - Contracting for projects

Contracts for acquisition, purchase, construction and/or installation of a project contemplated by Sections
17-17-101
through
17-17-135
shall be effected in the manner prescribed by law for public contracts; provided, however, that where (a) the municipality finds and records such finding on its minutes, that because of availability or particular nature of a project, it would not be in the public interest or would less effectively achieve the purposes of Sections
17-17-101
through
17-17-135
to enter into such contracts upon the basis of public bidding pursuant to advertising, (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, that the industry, at its option, may negotiate such contracts in the name of the municipality.
Laws, 1981, ch. 527, § 11, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 17 - SOLID WASTES DISPOSAL (§§ 17-17-1 — 17-17-507) › PROMOTION OF PROJECTS FOR TREATMENT OF SOLID AND HAZARDOUS WASTES (§§ 17-17-101 — 17-17-135) › Section 17-17-123 - Finding of necessity required before project is financed

Prior to undertaking the financing of a project, the governing board shall obtain a finding of the authority that the facility is necessary and that the design thereof will result in the collection, processing, generation, distributing, recycling, elimination and/or disposal of any type of waste product from which operation conditions result in or pose a substantial present, future or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of or otherwise managed.
Laws, 1981, ch. 527, § 12, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 17 - SOLID WASTES DISPOSAL (§§ 17-17-1 — 17-17-507) › PROMOTION OF PROJECTS FOR TREATMENT OF SOLID AND HAZARDOUS WASTES (§§ 17-17-101 — 17-17-135) › Section 17-17-125 - Covenants required of industries involved in construction or operation of waste treatment projects

Every agreement under either subsection (d) or (e) of Section
17-17-105
shall contain a covenant obligating the industry to effect the completion of the project 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 to:
(a)
Pay the principal of and interest on the bonds issued for the project;
(b)
Build and maintain any reserves deemed by the governing board to be advisable in connection therewith;
(c)
Pay the costs of maintaining the project in good repair and the cost of keeping it properly insured;
(d)
Provide proper, sufficient and adequate insurance to cover potential liability that could arise from project operation; and
(e)
Provide detailed plans to guarantee an environmentally sound operation and post-closure management of a project.
Laws, 1981, ch. 527, § 13, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 17 - SOLID WASTES DISPOSAL (§§ 17-17-1 — 17-17-507) › PROMOTION OF PROJECTS FOR TREATMENT OF SOLID AND HAZARDOUS WASTES (§§ 17-17-101 — 17-17-135) › Section 17-17-127 - Lease/sale agreements between municipalities and industries

Any agreement made under subsection (e) of section
17-17-105
may provide that the project will be owned by the municipality, and leased to the industry; may provide the industry with an option to purchase the project upon such terms and conditions as the governing board and the industry shall agree upon, at a price which represents the fair market value at the time of purchase or may provide that the project 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, 1981, ch. 527, § 14, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 17 - SOLID WASTES DISPOSAL (§§ 17-17-1 — 17-17-507) › PROMOTION OF PROJECTS FOR TREATMENT OF SOLID AND HAZARDOUS WASTES (§§ 17-17-101 — 17-17-135) › Section 17-17-129 - Use of bond proceeds; cost of project

The proceeds from the sale of any bonds issued under authority of Sections
17-17-101
through
17-17-135
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 of 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 project shall be deemed to include the following:
(a)
The actual cost of the construction of any part of any project which may be constructed, including architect's, engineer's and legal fees;
(b)
The purchase price of any land necessary therefor;
(c)
The purchase price of any part of any project that may be acquired by purchase;
(d)
All expenses in connection with the authorization, sale and issuance of the bonds to finance such acquisition; and
(e)
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, 1981, ch. 527, § 15, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 17 - SOLID WASTES DISPOSAL (§§ 17-17-1 — 17-17-507) › PROMOTION OF PROJECTS FOR TREATMENT OF SOLID AND HAZARDOUS WASTES (§§ 17-17-101 — 17-17-135) › Section 17-17-131 - Exemption from taxation

The bonds authorized by Sections
17-17-101
through
17-17-135
and the income therefrom, all trust indentures and mortgages executed as security therefor, all lease agreements made pursuant to the provisions hereof, and all projects, 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
.
Laws, 1981, ch. 527, § 16, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 17 - SOLID WASTES DISPOSAL (§§ 17-17-1 — 17-17-507) › PROMOTION OF PROJECTS FOR TREATMENT OF SOLID AND HAZARDOUS WASTES (§§ 17-17-101 — 17-17-135) › Section 17-17-133 - Petition prior to issuance of bonds; approval of petition; relationship with other provisions

No bonds shall be issued pursuant to the provisions of Sections
17-17-101
through
17-17-135
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 Sections
17-17-101
through
17-17-135
, it shall file its petition with the board, setting forth the following:
(a)
A description of the project proposed to be undertaken;
(b)
A statement setting forth the action taken by the Department of Natural Resources in connection with the project;
(c)
A reasonable estimate of the cost of the project;
(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 project is intended to promote the purposes of Sections
17-17-101
through
17-17-135
and may be reasonably anticipated to effect such result, it shall be authorized to approve the projects.
Authority hereby vested in any governing board to issue, and the board to approve, bonds pursuant to and in accordance with Sections
17-17-101
through
17-17-135
is supplemental to, and may be exercised in connection with Sections
57-1-1
through
57-1-51
,
57-1-71
through
57-1-83
,
57-1-101
through
57-1-107
,
57-3-1
through
57-3-33
and
57-5-1
through
57-5-23
, it being the intent of Sections
17-17-101
through
17-17-135
that the bonds authorized by Sections
57-1-1
through
57-1-51
,
57-1-101
through
57-1-107
,
57-3-1
through
57-3-33
and
57-5-1
through
57-5-23
may be used for the purposes set forth in Sections
17-17-101
through
17-17-135
under the existing terms and conditions authorizing issuance of same, except that the governing board shall not be authorized to exercise the power of eminent domain to acquire property.
Laws, 1981, ch. 527, § 17, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 17 - SOLID WASTES DISPOSAL (§§ 17-17-1 — 17-17-507) › PROMOTION OF PROJECTS FOR TREATMENT OF SOLID AND HAZARDOUS WASTES (§§ 17-17-101 — 17-17-135) › Section 17-17-135 - Rules and regulations

The board is hereby authorized and empowered to adopt and put into effect all reasonable rules and regulations that it may deem necessary to carry out the provisions of Sections
17-17-101
through
17-17-135
, not inconsistent herewith.
Laws, 1981, ch. 527, § 18, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 17 - SOLID WASTES DISPOSAL (§§ 17-17-1 — 17-17-507) › LOCATION AND PERMITTING OF COMMERCIAL HAZARDOUS WASTE MANAGEMENT FACILITIES (§§ 17-17-151 — 17-17-153) › Section 17-17-153 - Legislative findings and declaration of policy as to siting and permitting of hazardous waste management facilities

(1)
The Legislature finds that:
(a)
The beauty and quality of Mississippi's environment and the public health, safety and welfare of the citizens of the State of Mississippi must be protected from unsound waste management practices which might result from lack of access to proper hazardous waste management facilities.
(b)
Inefficient and improper methods of managing waste create hazards to public health, cause pollution of the lands, air and water resources, and constitute a waste of natural resources.
(c)
It is the policy of the State of Mississippi that the generation of waste should be reduced or eliminated at the source, whenever feasible; waste that is generated should be recycled or reused, whenever feasible; waste that cannot be reduced, recycled or reused should be treated in an environmentally safe manner; and disposal should be employed only as a last resort and should be conducted in an environmentally safe manner.
(d)
It is a requirement under Section 104(c)(9) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, Pub.L. No. 96-510, 94 Stat. 2767,
42 U.S.C.S. 9601
et seq., as amended, and the Superfund Amendments and Reauthorization Act of 1986, Pub.L. No. 99-499, 100 Stat. 1613, as amended, as a condition of receiving non-emergency federal remedial action funding after October 17, 1989, that each state assure that it has adequate capacity to manage the hazardous waste generated in the state and expected to be generated in the state for the next twenty (20) years.
(e)
In response to the federal requirement for hazardous waste capacity assurance, the State of Mississippi has developed and submitted its Capacity Assurance Plan to the U.S. Environmental Protection Agency. The Capacity Assurance Plan sets out the state's need with respect to the types of hazardous waste management required by the state and the proposal for siting needed facilities.
(2)
It is the intent of the Legislature that proper facilities must be sited as needed for the management of hazardous waste to meet the needs of Mississippi generators, and allow maximum effective use of regional hazardous waste management facilities; however, the Legislature believes that these objectives should be accomplished without Mississippi becoming a magnet for the hazardous waste from all other states and without the proliferation of unnecessary and unsafe facilities in this state.
Laws, 1991, ch. 561, § 4, 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) › NONHAZARDOUS SOLID WASTE PLANNING ACT OF 1991 (§§ 17-17-201 — 17-17-237) › Section 17-17-201 - Short title

Sections
17-17-201
through
17-17-235
shall be known and may be cited as the "Nonhazardous Solid Waste Planning Act of 1991."
Laws, 1991, ch. 494, § 1, eff. 4/1/1991.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 17 - SOLID WASTES DISPOSAL (§§ 17-17-1 — 17-17-507) › NONHAZARDOUS SOLID WASTE PLANNING ACT OF 1991 (§§ 17-17-201 — 17-17-237) › Section 17-17-205 - Definitions

(a)
"Closure" means the ceasing operation of a sanitary landfill and securing the landfill so that it does not pose a significant threat to public health or the environment and includes long-term monitoring and maintenance of the landfill.
(b)
"Label" means a molded, imprinted or raised symbol on or near the bottom of a plastic container or bottle.
(c)
"Local government" means a county or a municipality within the State of Mississippi.
(d)
"Municipal solid waste" means any nonhazardous solid waste resulting from the operation of residential, commercial, governmental, industrial or institutional establishments except oil field exploration and production wastes and sewage sludge.
(e)
"Owner" or "operator" means any person, corporation, county, municipality or group of counties or municipalities acting jointly operating a sanitary landfill or having any interest in the land whereon a sanitary landfill is or has been located.
(f)
"Plastic" means any material made of polymeric organic compounds and additives that can be shaped by flow.
(g)
"Plastic bottle" means a plastic container intended for single use that:
(i)
Has a neck smaller than the body of the container;
(ii)
Is designed for a screw-top, snap cap or other closure; and
(iii)
Has a capacity of not less than sixteen (16) fluid ounces or more than five (5) gallons.
(h)
"Rigid plastic container" means any formed or molded container intended for single use, composed predominately of plastic resin, that has a relatively inflexible finite shape or form with a capacity of not less than eight (8) ounces or more than five (5) gallons. This term does not include a plastic bottle.
Laws, 1991, ch. 494, § 3, eff. 4/1/1991.
Amended by Laws, 2022, ch. 346, HB 1135,§ 2, eff. 7/1/2022.
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) › NONHAZARDOUS SOLID WASTE PLANNING ACT OF 1991 (§§ 17-17-201 — 17-17-237) › Section 17-17-207 - Molding or imprinting of plastic bottles or containers with symbols indicating plastic resin used in producing bottle or container; specification of symbols; maintenance and distribution of list of symbols

(1)
This section and any rules or regulations adopted hereunder shall be interpreted to conform with nationwide plastics industry standards.
(2)
A person may not manufacture or distribute a plastic bottle or rigid plastic container unless the appropriate symbol indicating the plastic resin used to produce the bottle or container is molded into or imprinted on the bottom or near the bottom of the bottle or container. A plastic bottle or rigid container with a base cup or other component of a material different from the basic material used in making the bottle or container shall bear the symbol indicating its basic material.
(3)
The symbols used under this section must consist of a number placed within a triangle of arrows and of letters placed below the triangle of arrows. The triangle must be equilateral, formed by three (3) arrows with the apex of each point of the triangle at the midpoint of each arrow, rounded with a short radius. The arrowhead of each arrow must be at the midpoint of each side of the triangle with a short gap separating the arrowhead from the base of the adjacent arrow. The triangle formed by the arrows must depict a clockwise path around the number.
(4)
The numbers, letters of the symbols and the plastic resins represented by the symbols are:
(a)
1 and PETE, representing polyethylene terephthalate;
(b)
2 and HDPE, representing high density polyethylene;
(c)
3 and V, representing vinyl;
(d)
4 and LDPE, representing low density polyethylene;
(e)
5 and PP, representing polypropylene;
(f)
6 and PS, representing polystyrene;
(g)
7 and OTHER, representing all other resins, including layered plastics of a combination of materials.
(5)
The department shall:
(a)
Maintain a list of the symbols; and
(b)
Provide a copy of that list to any person on request.
Laws, 1991, ch. 494, § 5, eff. 4/1/1991.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 17 - SOLID WASTES DISPOSAL (§§ 17-17-1 — 17-17-507) › NONHAZARDOUS SOLID WASTE PLANNING ACT OF 1991 (§§ 17-17-201 — 17-17-237) › Section 17-17-209 - Imposition of bans, deposits or taxes on plastic bottles and containers by municipalities, etc

Sections
17-17-201
through
17-17-235
shall not be construed to allow any municipality, county or other political subdivision to impose a ban, deposit or tax on plastic containers and bottles.
Laws, 1991, ch. 494, § 6, eff. 4/1/1991.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 17 - SOLID WASTES DISPOSAL (§§ 17-17-1 — 17-17-507) › NONHAZARDOUS SOLID WASTE PLANNING ACT OF 1991 (§§ 17-17-201 — 17-17-237) › Section 17-17-211 - Penalties for violations of section 17-17-207; injunctions

After being notified by the department that a plastic container does not comply with the provisions of Section
17-17-207
, a person who violates Section
17-17-207
, is subject to a civil penalty of not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00) for each day of violation and may be enjoined from such violations.
Laws, 1991, ch. 494, § 7, eff. 4/1/1991.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 17 - SOLID WASTES DISPOSAL (§§ 17-17-1 — 17-17-507) › NONHAZARDOUS SOLID WASTE PLANNING ACT OF 1991 (§§ 17-17-201 — 17-17-237) › Section 17-17-213 - Rules and regulations

(1)
Not later than October 1, 1991, the Commission on Environmental Quality shall promulgate rules and regulations establishing standards for the production of compost. The commission may modify, repeal, make exceptions to and grant exceptions and variances from such rules and regulations. Such rules and regulations shall include, but not be limited to, the following:
(a)
Requirements necessary to produce hygienically safe compost products for varying applications.
(b)
A classification scheme for compost based on the types of waste composted, including at least one (1) type containing only yard trash; the maturity of the compost, including at least three (3) degrees of decomposition for fresh, semimature and mature; and the levels of organic and inorganic constituents in the compost. This scheme shall address:
(i)
Methods for measurement of the compost maturity;
(ii)
Particle sizes;
(iii)
Moisture content; and
(iv)
Average levels of organic and inorganic constituents, including heavy metals, for such classes of compost as the Commission on Environmental Quality establishes, and the analytical methods to determine those levels.
(2)
Not later than January 1, 1992, the Commission on Environmental Quality shall promulgate rules and regulations prescribing the allowable uses and application rates of compost based, at a minimum, on the following criteria:
(a)
The total quantity of organic and inorganic constituents, including heavy metals, allowed to be applied through the addition of compost to the soil per acre per year.
(b)
The allowable uses of compost based on maturity and type of compost.
Laws, 1991, ch. 494, § 8, eff. 4/1/1991.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 17 - SOLID WASTES DISPOSAL (§§ 17-17-1 — 17-17-507) › NONHAZARDOUS SOLID WASTE PLANNING ACT OF 1991 (§§ 17-17-201 — 17-17-237) › Section 17-17-215 - Disposition of compost not conforming to criteria prescribed by Commission

If compost is produced which does not meet the criteria prescribed by the Commission on Environmental Quality for agricultural and other use, the compost must be reprocessed or disposed of in a manner approved by the Commission on Environmental Quality, unless a different application is specifically authorized by the Commission on Environmental Quality.
Laws, 1991, ch. 494, § 9, eff. 4/1/1991.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 17 - SOLID WASTES DISPOSAL (§§ 17-17-1 — 17-17-507) › NONHAZARDOUS SOLID WASTE PLANNING ACT OF 1991 (§§ 17-17-201 — 17-17-237) › Section 17-17-217 - Environmental Protection Trust Fund

(1)
There is created in the State Treasury a fund designated as the Environmental Protection Trust Fund, to be administered by the executive director of the department.
(2)
The Commission on Environmental Quality shall promulgate rules and regulations for the administration of the fund and for a system of priorities for any related projects or programs eligible for funding from the fund.
(3)
The commission may utilize any funds in the Environmental Protection Fund for defraying the costs of the Department of Environmental Quality for administering the nonhazardous waste program, including the development of the state nonhazardous solid waste management plan as authorized by law. The commission may also use the fund to accomplish the purposes of the multimedia pollution prevention program created under Section
49-31-11
.
(4)
Expenditures may be made from the fund upon requisition by the executive director of the department.
(5)
The fund shall be treated as a special trust fund. Interest earned on the principal in the fund shall be credited by the department to the fund.
(6)
The fund may receive monies from any available public or private source, including, but not limited to, collection of fees, interest, grants, taxes, public and private donations, petroleum violation escrow funds or refunds, and appropriated funds.
Laws, 1991, ch. 494, § 10; Laws, 1992, ch. 583 § 3; Laws, 2000, ch. 395, § 2; Laws, 2002, ch. 483, § 2, eff. 7/1/2002.
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) › NONHAZARDOUS SOLID WASTE PLANNING ACT OF 1991 (§§ 17-17-201 — 17-17-237) › Section 17-17-221 - Development and administration of state nonhazardous solid waste management plan; goals and contents; updating of plan

(1)
The department may develop a state nonhazardous solid waste management plan. The state nonhazardous solid waste management plan shall utilize the information, conclusions and recommendations of the approved local nonhazardous solid waste management plans.
(2)
If developed, the state nonhazardous solid waste management plan shall include, at a minimum, the following:
(a)
An identification and analysis of the amounts and types of municipal solid waste from all sources which is generated in the state or transported into the state for management;
(b)
An inventory and evaluation of all existing and planned municipal solid waste management facilities, including their permit status and the remaining capacity of existing facilities;
(c)
An inventory of open and unauthorized dumps and a strategy for closing such sites;
(d)
A strategy for achieving the twenty-five percent (25%) waste reduction goal through source reduction, recycling or other waste reduction technologies;
(e)
A projection, using acceptable averaging methods, of municipal solid waste generated annually by each county over the next twenty (20) years and an evaluation of the adequacy of existing capacity to handle the anticipated projected volume and composition of waste;
(f)
Information, conclusions and recommendations in local nonhazardous solid waste management plans for future facilities;
(g)
A description of public education and information programs on the management of municipal solid waste; and
(h)
A determination of the adequacy of programs for the management of yard wastes, tires, lead acid batteries, household hazardous wastes and white goods.
(3)
The department shall update the plan as needed.
Laws, 1991, ch. 494, § 12; Laws, 1998, ch. 498, § 1, eff. 7/1/1998.
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) › NONHAZARDOUS SOLID WASTE PLANNING ACT OF 1991 (§§ 17-17-201 — 17-17-237) › Section 17-17-223 - Development of planning guidance and forms for local nonhazardous solid waste management plans

Not later than sixty (60) days after publication of the Final Subtitle D regulations in the Federal Register, but in no case later than January 1, 1992, the department shall develop planning guidance and forms for local nonhazardous solid waste management plans. The department shall make such guidance and forms available to local governments at no cost.
Laws, 1991, ch. 494, § 13, eff. 4/1/1991.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 17 - SOLID WASTES DISPOSAL (§§ 17-17-1 — 17-17-507) › NONHAZARDOUS SOLID WASTE PLANNING ACT OF 1991 (§§ 17-17-201 — 17-17-237) › Section 17-17-225 - Establishment of criteria for evaluation of local nonhazardous solid waste management plans

Before July 1, 1992, the commission shall establish criteria for the evaluation of local nonhazardous solid waste management plans. These criteria shall include, but not be limited to, the following:
(a)
The unit of local government's demonstration of the understanding of its nonhazardous solid waste management system, including the sources, composition and quantities of nonhazardous solid waste generated within the planning area and transported into the planning area for management, and the existing and planned nonhazardous solid waste management capacity, including remaining available capacity;
(b)
The adequacy of the local strategy for achieving the twenty-five percent (25%) waste minimization goal;
(c)
The reasonableness of the twenty-year projections of nonhazardous solid waste generated within the planning area; and
(d)
The adequacy of plans and implementation schedules for providing needed nonhazardous solid waste management capacity for the twenty-year period.
Laws, 1991, ch. 494 § 14; Laws, 1992, ch. 583 § 5, 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) › NONHAZARDOUS SOLID WASTE PLANNING ACT OF 1991 (§§ 17-17-201 — 17-17-237) › Section 17-17-231 - Adoption of rules and regulations governing municipal sanitary landfills

(1)
The Commission on Environmental Quality may adopt rules and regulations governing municipal solid waste landfills that accept household wastes, but any rules and regulations for such landfills shall, except for the adoption of criteria and standards to be considered in the location of such facilities, be no more stringent or extensive in scope, coverage and effect than Subtitle D regulations promulgated by the United States Environmental Protection Agency.
(2)
If Subtitle D regulations do not provide a standard, criteria or guidance addressing matters relating to landfills, the commission may promulgate rules and regulations to address these matters in accordance with the Mississippi Administrative Procedures Law when the commission determines that such rules and regulation are necessary to protect human health, welfare or the environment.
(3)
Nothing in this section shall prohibit the commission by order or the Permit Board in the issuance or modification of a permit from placing additional requirements on a landfill on a case by case basis in order to prevent, abate, control or correct groundwater contamination, public endangerment or as otherwise determined necessary to protect human health, welfare or the environment.
Laws, 1991, ch. 494, § 18; Laws, 1992, ch. 583 § 20; Laws, 1993, ch. 484, § 1, eff. 3/27/1993.
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) › NONHAZARDOUS SOLID WASTE PLANNING ACT OF 1991 (§§ 17-17-201 — 17-17-237) › Section 17-17-233 - Establishment, collection and disposition of fees, surcharges, etc., to produce resources for closure of landfills and post-closure monitoring and remediation

From and after October 9, 1993, the owner of a sanitary landfill shall establish a fee, or a surcharge on existing fees or other appropriate revenue-producing mechanism, to ensure the availability of financial resources for the proper closure of the sanitary landfill and post-closure monitoring and remediation. However, the disposal of solid waste by persons on their own property, as described in Section
17-17-13
, Mississippi Code of 1972, is exempt from this section.
(a)
The revenue-producing mechanism must produce revenue at a rate sufficient to generate funds to meet state and federal landfill closure and post-closure requirements.
(b)
The revenue shall be deposited in an interest-bearing escrow account to be held and administered by the owner. The owner shall file with the department an annual audit of the account. The audit shall be conducted by a certified public accountant and shall be filed no later than December 31 of each year. Failure to collect or report such revenue is a noncriminal violation, punishable by a fine of not more than Five Thousand Dollars ($5,000.00) for each offense. The owner may make expenditures from the account and its accumulated interest only for the purpose of landfill closure and post-closure requirements. If such expenditures do not deplete the fund to the detriment of eventual closure and post-closure requirements, any monies remaining in the account after paying for proper and complete closure and all post-closure requirements, as determined by the commission, shall be returned to the owner.
(c)
The revenue generated under this section and any accumulated interest thereon may be applied to the repayment of any loan or the payment of, or pledged as security for, the payment of revenue bonds issued in whole or in part for the purpose of complying with state and federal landfill closure and post-closure requirements. Such application or pledge may be made directly in the proceedings authorizing such bonds or in an agreement with an insurer of bonds to assure such insurer of additional security therefor.
Laws, 1991, ch. 494, § 19; Laws, 1992, ch. 583 § 6, 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) › NONHAZARDOUS SOLID WASTE PLANNING ACT OF 1991 (§§ 17-17-201 — 17-17-237) › Section 17-17-235 - Proof of financial responsibility by owner or operator of sanitary landfill in lieu of requirements of section 17-17-233

An owner or operator of a sanitary landfill may establish proof of financial responsibility with the commission in lieu of the requirements of Section
17-17-233
. Such proof may include surety bonds, certificates of deposit, securities, letter of credit, or other methods, as approved by the commission, showing that the owner or operator has sufficient financial resources to cover, at a minimum, the costs of complying with any closure and post-closure requirements. The owner or operator shall estimate such costs to the satisfaction of the commission.
Laws, 1991, ch. 494, § 20, eff. 4/1/1991.
Mississippi Code 1972 (2023) › Title 17 - LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES (§§ 17-1-1 — 17-29-9) › Chapter 17 - SOLID WASTES DISPOSAL (§§ 17-17-1 — 17-17-507) › MISSISSIPPI REGIONAL SOLID WASTE MANAGEMENT AUTHORITY ACT (§§ 17-17-301 — 17-17-349) › Section 17-17-301 - Short title

Sections
17-17-301
through
17-17-349
shall be known and cited as the "Mississippi Regional Solid Waste Management Authority Act."
Laws, 1991, ch. 581, § 1, eff. 4/12/1991.