reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 18 - Division of On-site Wastewater › Subpart 77 - On-site Wastewater Regulations › Chapter 1 - ADMINISTRATIVE › Subchapter 6 - Existing System › Rule 15-18-77-1.6.4 - Approval

Current through June 25, 2024
All IOWDS in need of repair that requires approval, must
						meet the following requirements by upgrading either treatment or disposal:
1. Reduce the volume of effluent
2. Adequately treat the effluent
3. Confine the discharge to the
					 property of the generator
Miss Code Ann
						§
												41-67-3
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 18 - Division of On-site Wastewater › Subpart 77 - On-site Wastewater Regulations › Chapter 1 - ADMINISTRATIVE › Subchapter 6 - Existing System › Rule 15-18-77-1.6.5 - Replacement

Current through June 25, 2024
Any malfunctioning IOWDS that will require the
						installation of both treatment and disposal within 45 days of one another will
						require the Applicant to comply with Subchapter 5. New System
Miss Code Ann
						§
												41-67-3
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 18 - Division of On-site Wastewater › Subpart 77 - On-site Wastewater Regulations › Chapter 1 - ADMINISTRATIVE › Subchapter 7 - Exception, Exemption and Variance › Rule 15-18-77-1.7.1 - Medical Exception

Current through June 25, 2024
A temporary connection made to an operational existing
						system, provided the flow is not projected to increase significantly and the
						residence is removed on the date specified in the doctor's statement
Miss Code Ann
						§
												41-67-3
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 18 - Division of On-site Wastewater › Subpart 77 - On-site Wastewater Regulations › Chapter 1 - ADMINISTRATIVE › Subchapter 7 - Exception, Exemption and Variance › Rule 15-18-77-1.7.2 - Exemption

Current through June 25, 2024
Utilization of the exemption by the Applicant, requires
						the following:
1. Applicant must
					 attest that a single residence will be placed on a single two (2) acre or
					 larger tract of land during the Notice of Intent process and must acknowledge
					 that they have been informed the following entities may require the
					 Department's Final Approval:
a. Board of
					 Supervisor (Ordinance)
b. Water
					 Supplier/Association (Bylaws and/or Water User's Agreement)
c. Lending Institution
d. Utility Authority
e. Others (subdivision covenants, etc)
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 18 - Division of On-site Wastewater › Subpart 77 - On-site Wastewater Regulations › Chapter 1 - ADMINISTRATIVE › Subchapter 7 - Exception, Exemption and Variance › Rule 15-18-77-1.7.3 - Variance

Current through June 25, 2024
Applicant may request the review of a
						Permit/Recommendation which indicates no Design-based IOWDS can be authorized
						for installation or if the Applicant disagrees with Permit/Recommendation made
						by the Department
1. Applicant must
					 write and submit a letter to the Director of Office of Environmental Health
					 requesting a review of the property to determine if the current rules and
					 regulations of the Department have created an unforeseen hardship. The
					 following must be included:
a. Name and
					 mailing address
b. Telephone
					 number and/or email address
c.
					 Copy of the Permit/Recommendation
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 18 - Division of On-site Wastewater › Subpart 77 - On-site Wastewater Regulations › Chapter 1 - ADMINISTRATIVE › Subchapter 8 - Hearing and Appeal Procedure › Rule 15-18-77-1.8.1 - Hearing

Current through June 25, 2024
Any Applicant who has been denied an approval or whose
						property has been declared unsuitable for recommendation of any wastewater
						disposal system or who has been charged with a violation of this regulation can
						request a fact finding hearing in writing within ten (10) days of notification
						of the denial or violation. A hearing will be scheduled within ten (10)
						calendar days after the request has been filed. The appellant will be notified
						in writing of the decision of the District Hearing Officer
Miss Code Ann
						§
												41-67-3
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 18 - Division of On-site Wastewater › Subpart 77 - On-site Wastewater Regulations › Chapter 1 - ADMINISTRATIVE › Subchapter 8 - Hearing and Appeal Procedure › Rule 15-18-77-1.8.2 - Appeal

Current through June 25, 2024
The appellant shall have the right to appeal an
						unfavorable decision to the State Health Officer in writing within ten (10)
						days of notification of results of the district-level hearing. A hearing will
						be scheduled within thirty (30) calendar days after the request has been filed.
						The decision of the State Health Officer or his/her designee as Hearing Officer
						will be based solely on the oral, written and documentary evidence presented.
						The appellant will be notified in writing of the decision
Miss Code Ann
						§
												41-67-3
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 18 - Division of On-site Wastewater › Subpart 77 - On-site Wastewater Regulations › Chapter 1 - ADMINISTRATIVE › Subchapter 8 - Hearing and Appeal Procedure › Rule 15-18-77-1.8.3 - Further Appeal

Current through June 25, 2024
Any Person who is aggrieved by any final decision of the
						Board may appeal that final decision to the Chancery Court of the county of the
						situs in whole or in part of the subject matter. No individual may file a
						petition for judicial review with a court of competent jurisdiction until a
						final written decision and order have been issued by the Department
Miss Code Ann
						§
												41-67-3
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 18 - Division of On-site Wastewater › Subpart 77 - On-site Wastewater Regulations › Chapter 1 - ADMINISTRATIVE › Subchapter 9 - Holding Tanks › Rule 15-18-77-1.9.1

Current through June 25, 2024
All holding tanks shall be 1,000 gallons at a minimum
						and shall be capable of holding twice the projected daily wastewater flow of
						the facility.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 18 - Division of On-site Wastewater › Subpart 77 - On-site Wastewater Regulations › Chapter 1 - ADMINISTRATIVE › Subchapter 9 - Holding Tanks › Rule 15-18-77-1.9.2

Current through June 25, 2024
Holding tanks shall be equipped with a high water alarm
						with the capability to sound at ½ capacity and ¾ capacity and
						meet all requirements of Rule 5.3.4.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 18 - Division of On-site Wastewater › Subpart 77 - On-site Wastewater Regulations › Chapter 1 - ADMINISTRATIVE › Subchapter 9 - Holding Tanks › Rule 15-18-77-1.9.3

Current through June 25, 2024
All applications for holding tanks shall include the
						following:
1. Specifications
					 (including material and size) for the tank to be used
a. If a tank is to be installed in a
					 situation other than intended by the manufacturer, a Professional Engineer's
					 approval is required.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 18 - Division of On-site Wastewater › Subpart 77 - On-site Wastewater Regulations › Chapter 1 - ADMINISTRATIVE › Subchapter 9 - Holding Tanks › Rule 15-18-77-1.9.4

Current through June 25, 2024
Permits for Holding Tanks shall be renewed yearly, must
						include all pump receipts from the previous year, and a current contract for
						the permit period.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 18 - Division of On-site Wastewater › Subpart 77 - On-site Wastewater Regulations › Chapter 1 - ADMINISTRATIVE › Subchapter 9 - Holding Tanks › Rule 15-18-77-1.9.5

Current through June 25, 2024
MSDH reserves the right to inspect any active holding
						tank at any time for compliance.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 18 - Division of On-site Wastewater › Subpart 77 - On-site Wastewater Regulations › Chapter 2 - CERTIFICATION › Subchapter 1 - Introduction › Rule 15-18-77-2.1.1 - Purpose

Current through June 25, 2024
The purpose of this regulation is to establish a
						regulatory standards regarding certification of the Manufacturers, Professional
						Evaluators, Installers, Pumpers, Maintenance Providers, and Qualified Homeowner
						Maintenance Providers that applies for the design, construction, installation,
						repair, maintenance, operation, removal and disposal of liquid waste of
						Individual On-Site Wastewater Disposal Systems.
Miss Code Ann
						§
												41-67-3
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 18 - Division of On-site Wastewater › Subpart 77 - On-site Wastewater Regulations › Chapter 2 - CERTIFICATION › Subchapter 1 - Introduction › Rule 15-18-77-2.1.2 - Authority

Current through June 25, 2024
The State Board of Health is authorized to promulgate
						these rules under and by virtue of Section
41-3-15(1)(b)(ii),
						(4)(a)(b)(c)(e)(h)(i),
Section
41-3-17
and Section
41-67-1
through
41-67-39, Mississippi Code of 1972,
						Annotated.
Miss Code Ann
						§
												41-67-3
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 18 - Division of On-site Wastewater › Subpart 77 - On-site Wastewater Regulations › Chapter 2 - CERTIFICATION › Subchapter 1 - Introduction › Rule 15-18-77-2.1.4 - Registered Manufacturer

Current through June 25, 2024
A person may operate as a Manufacturer in the State of
						Mississippi if they hold a valid certification of registration.
Miss Code Ann
						§
												41-67-3
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 18 - Division of On-site Wastewater › Subpart 77 - On-site Wastewater Regulations › Chapter 2 - CERTIFICATION › Subchapter 1 - Introduction › Rule 15-18-77-2.1.5 - Products

Current through June 25, 2024
1. Treatment
a. Advanced Treatment Units
b. Septic Tanks
c. Holding Tanks
d. Non-water borne Systems
e. Alternative wastewater technology
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 18 - Division of On-site Wastewater › Subpart 77 - On-site Wastewater Regulations › Chapter 2 - CERTIFICATION › Subchapter 1 - Introduction › Rule 15-18-77-2.1.6 - Requirements

Current through June 25, 2024
It is unlawful for a Manufacturer of an Individual
						On-site Wastewater Disposal System or alternative treatment or disposal
						components to operate a business in or to do business in the State of
						Mississippi without holding a valid manufacturer's registration issued by the
						Department.
Miss Code Ann
						§
												41-67-3
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 18 - Division of On-site Wastewater › Subpart 77 - On-site Wastewater Regulations › Chapter 2 - CERTIFICATION › Subchapter 1 - Introduction › Rule 15-18-77-2.1.7 - Application

Current through June 25, 2024
All Manufacturers must complete and submit the
						following:
1. Application;
2. Listing and identification of all
					 Fabricators and Distributors of their products and a list of authorized
					 Certified Installers and Certified Maintenance Providers;
3. Contact information of all technical staff
					 providing training;
4. Electronic
					 or detailed drawing(s), construction material(s), installation and/or homeowner
					 manual(s) of each product; and
5.
					 Fee.
Miss Code Ann
						§
												41-67-3
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 18 - Division of On-site Wastewater › Subpart 77 - On-site Wastewater Regulations › Chapter 2 - CERTIFICATION › Subchapter 1 - Introduction › Rule 15-18-77-2.1.8 - Treatment

Current through June 25, 2024
1. Advanced Treatment
a. Registration and requirements for testing
					 and listing of manufacturers of advanced treatment systems:
b. Documentation, from a Third Party
					 Certifier accredited by the American National Standards Institute that the
					 manufacturer's product has successfully completed the testing and listing
					 process as outlined in
American National Standards Institute/National
					 Sanitation Foundation
(
ANSI/NSF) International Standard Number
					 40
and/or 245 or later edition.
c. On or before
October 1, 1996
each Manufacturer not currently tested and listed by a Third Party Certifier,
					 accredited by the American National Standards Institute, shall submit to the
					 Department evidence that such manufacturer has commenced the testing/listing
					 process. Within 9 months after the submission of such evidence, each
					 Manufacturer must have completed the testing/listing process.
d. Each manufacturer must have established
					 procedures which send representatives to a minimum of 10 percent of its
					 distributors in Mississippi on an annual basis to conduct evaluations to assure
					 the distributor of certified advanced treatment systems is providing proper
					 maintenance, has sufficient replacement parts available and is maintaining
					 service records. Annual monitoring reports, from the manufacturer and Third
					 Party Certifier must be submitted to the Division prior to re-registration.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 18 - Division of On-site Wastewater › Subpart 77 - On-site Wastewater Regulations › Chapter 2 - CERTIFICATION › Subchapter 1 - Introduction › Rule 15-18-77-2.1.10 - Responsibilities

Current through June 25, 2024
1. All Manufacturers must demonstrate that
					 all processes necessary to comply and conform to Regulations and Manufacturer
					 specifications by the following:
2. Provide documentation to the Division
					 necessary for registration to include testing and listing of manufacturers of
					 Advanced Treatment Systems.
3.
					 Provide documentation on the maintenance agreement for any alternative on-site
					 wastewater disposal system, with a copy of the maintenance agreement outlining
					 the type of service, length of service and frequency of service to be provided.
4. Notify the Division of the
					 results of monitoring visits to manufacturers and distributors within 60
					 calendar days of the conclusion of the monitoring.
5. Provide technical trained staff to the
					 Division for utilization during the on-site maintenance training program for
					 all alternate disposal systems certified in Mississippi.
6. Provide documentation that an installer of
					 Alternative Systems or products has been trained as a factory-trained and
					 authorized representative and must furnish documentation to the Division
					 certifying the satisfactory completion of factory training and the
					 establishment of the installer as an authorized manufacturer's representative.
Miss Code Ann
						§
												41-67-3
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 18 - Division of On-site Wastewater › Subpart 77 - On-site Wastewater Regulations › Chapter 2 - CERTIFICATION › Subchapter 1 - Introduction › Rule 15-18-77-2.1.11 - Responsibilities: Fabricators

Current through June 25, 2024
1. All Fabricators
					 must demonstrate that all processes necessary to comply and conform to
					 Regulations and Manufacturer specifications by the following:
2. Provide documentation of all concrete
					 purchases, concrete providers, types of reinforcement and date of fabrication.
3. Provide documentation that the
					 mold meets the Manufacturer's specifications and indicate location of
					 Mississippi State Department of Health registration ID.
4. Provide documentation from Manufacturer
					 that annual inspection has been made on the product.
5. Provide a list of Distributors and
					 Certified Installers authorized by the Manufacturer to install the product.
Miss Code Ann
						§
												41-67-3
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 18 - Division of On-site Wastewater › Subpart 77 - On-site Wastewater Regulations › Chapter 2 - CERTIFICATION › Subchapter 1 - Introduction › Rule 15-18-77-2.1.12 - Expiration

Current through June 25, 2024
Manufacturer certifications shall expire on
December 31
unless suspended or revoked.
Miss Code Ann
						§
												41-67-3
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 18 - Division of On-site Wastewater › Subpart 77 - On-site Wastewater Regulations › Chapter 2 - CERTIFICATION › Subchapter 1 - Introduction › Rule 15-18-77-2.1.13 - Renewal

Current through June 25, 2024
1. A Manufacturer may apply for renewal not
					 more than 60 calendar days prior to the expiration of his Manufacturer
					 certification. If more than 31 calendar day have elapsed from
December
					 31
, the Department shall require an Applicant to comply with the
					 provisions of initial certification. Suspended certifications are not renewable
					 until reinstated by the Department; revoked certifications cannot be renewed.
2. A Manufacturer shall file a
					 complete application in a form provided by the Division and pay the application
					 fee.
3. Submittal Reports
a. Provide proof and certification that
					 Manufacturer has factory trained installers or other factory representatives to
					 educate the homeowner with the necessary knowledge to provide maintenance to
					 the homeowner's system, thus allowing the homeowner to meet the requirements of
					 Section
41-67-6(8)
.
b. Provide documentation when a Certified
					 Installer of alternative systems or products has been factory-trained and
					 listed as an authorized representative.
c. Provide notification to the Division
					 within 10 working days whenever the Manufacturer no longer authorizes any
					 Certified Installer, Certified Maintenance Provider or Qualified Homeowner
					 Maintenance Provider.
d. Provide
					 notification of any changes made to a product by following Section 103.04. If a
					 Third Party Certifier must approve the change, this documentation must be
					 submitted to Division prior to the implementation of the changes approved by
					 the Third Party.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 18 - Division of On-site Wastewater › Subpart 77 - On-site Wastewater Regulations › Chapter 2 - CERTIFICATION › Subchapter 1 - Introduction › Rule 15-18-77-2.1.14 - Informal Fact Finding and Hearing

Current through June 25, 2024
1. Whenever the
					 Department intends to take action to suspend or revoke a Manufacturer's
					 certification, there must be an informal fact finding conference before the
					 Department, where proper notice has be given to the affected party.
a. The Manufacturer shall be notified in
					 writing. The notice must be hand delivered or sent by certified mail. The
					 notice must provide the factual and legal basis for the contemplated action and
					 must give the date, time, place, and location of the informal fact finding
					 conference.
b. The informal fact
					 finding conference is to be conducted by the Department. The conference shall
					 be conducted in accordance with, but is not limited to, the requirements of
Administrative Procedural Code of Mississippi
and may include
					 the creation of a verbatim or summary record of the proceedings.
c. The Department shall render a decision
					 based on the informal fact finding conference in a timely manner, and shall as
					 deemed appropriate initiate suspension or revocation proceedings in accordance
					 with regulations.
d. When action
					 is taken to suspend a Manufacturer's certification, that suspension shall be
					 for a specified period of time. Remedial actions including, notification by
					 Third Party Certifier that manufacturer has corrected all deficiencies,
					 updating or modifying training procedures, and correction to components of any
					 registered product as may be specified in the suspension notice.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 18 - Division of On-site Wastewater › Subpart 77 - On-site Wastewater Regulations › Chapter 2 - CERTIFICATION › Subchapter 1 - Introduction › Rule 15-18-77-2.1.15 - Penalties

Current through June 25, 2024
1. The Department may suspend or revoke a
					 Manufacturer certification for failure to comply with any law administered by
					 the Board, Department, any regulations of the Board, any order of the Board or
					 Department after due notice.
2.
					 Actions that may result in suspension or revocation include, but are not
					 limited to, falsifying any document, and any act of misrepresentation.
3. If any person or contractor
					 fails to comply with all requirements and regulations in the installation of
					 the system, the Board, after due notice and hearing, may levy an administrative
					 fine not to exceed Ten Thousand Dollars ($10,000.00). Each wastewater system
					 installed not in compliance with this chapter or applicable rules and
					 regulations of the Board shall be considered a separate offense.
Miss Code Ann
						§
												41-67-3
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 18 - Division of On-site Wastewater › Subpart 77 - On-site Wastewater Regulations › Chapter 2 - CERTIFICATION › Subchapter 1 - Introduction › Rule 15-18-77-2.1.16 - Reinstatement

Current through June 25, 2024
A person, whose Manufacturer certification has been
						revoked, pursuant to statutes or regulations, may apply to the Division for
						reinstatement as a Manufacturer no sooner than 2 years after the effective date
						of the revocation. Reinstatement of a Manufacturer certification shall include:
1. An application, fee and statement
					 (if applicable) that no activities took place after certification was revoked.
2. Provide documentation that the
					 Applicant has satisfactorily completed any remedial actions required as a
					 result of the revocation. Remedial actions including, notification by Third
					 Party Certifier that manufacturer has corrected all deficiencies, updating or
					 modifying training procedures, and correction to components of any registered
					 product as may be specified in the suspension notice.
Miss Code Ann
						§
												41-67-3
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 18 - Division of On-site Wastewater › Subpart 77 - On-site Wastewater Regulations › Chapter 2 - CERTIFICATION › Subchapter 1 - Introduction › Rule 15-18-77-2.1.17 - CERTIFIED PROFESSIONAL EVALUATOR

Current through June 25, 2024
Nothing in this chapter shall preclude a Certified
						Professional Evaluator or registered Professional Engineer from providing
						services relating to the design of an Individual On-site Wastewater Disposal
						System to comply with this chapter, except for Performance-based Systems. A
						Certified Professional Evaluator or registered Professional Engineer shall
						notify the department in writing of those services being provided, including
						the type of treatment, the type of disposal, and the property address for the
						treatment and disposal system. Construction or installation shall not begin
						prior to authorization by the department. The department shall respond within
						ten (10) business days with authorization that the Certified Professional
						Engineer or registered Professional Engineer fulfills the requirements of the
						law.
Miss Code Ann
						§
												41-67-3
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 18 - Division of On-site Wastewater › Subpart 77 - On-site Wastewater Regulations › Chapter 2 - CERTIFICATION › Subchapter 1 - Introduction › Rule 15-18-77-2.1.18 - Requirements

Current through June 25, 2024
1. A person may not operate as a Certified
					 Professional Evaluator in this state unless the Department currently certifies
					 that person.
2. A person must meet
					 1 of the following requirements, in addition to the additional requirements set
					 forth in other sections of this chapter and rules and regulations of the Board,
					 in order to be eligible to become a Certified Professional Evaluator:
a. Be a professional Geologist registered in
					 the State of Mississippi;
b. Be a
					 Professional Soil Classifier licensed in the State of Mississippi; or
c. Be a person who possesses a
					 demonstrable, adequate and appropriate record of professional experience and/or
					 training as determined by the Department.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 18 - Division of On-site Wastewater › Subpart 77 - On-site Wastewater Regulations › Chapter 2 - CERTIFICATION › Subchapter 1 - Introduction › Rule 15-18-77-2.1.19 - Application

Current through June 25, 2024
Any specified person may apply to the Division for
						certification if:
1. Complete
					 application is filed;
2. Passes
					 written and field examinations;
3.
					 Submits 3 professional references; and
4. Pays fee
5. Those holding a current certificate as a
					 Professional Engineer from the Mississippi Board of Licensure for Professional
					 Engineers and Surveyors shall be eligible to provide services without a
					 certificate as a Certified Professional Evaluator.
6. Demonstrates and provides documentation to
					 the satisfaction of the Division, that he/she has a minimum of 1 year of
					 full-time experience evaluating soil and site conditions for Individual On-site
					 Wastewater Disposal Systems in Mississippi in accordance with the Board of
					 Health's regulations and a 4 year college degree in a related study in science
					 or engineering, and shall be eligible to receive a certificate as an
					 Professional Evaluator provided:
a. The
					 Applicant successfully completes a training program or programs designated and
					 approved by the Division; and
b.
					 The Applicant successfully completes the written and field examinations
					 approved by the Division.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 18 - Division of On-site Wastewater › Subpart 77 - On-site Wastewater Regulations › Chapter 2 - CERTIFICATION › Subchapter 1 - Introduction › Rule 15-18-77-2.1.20 - Training Program and Examination

Current through June 25, 2024
1. Basic Soils
					 Training will be a 1 week course focusing on soil principles and evaluation
					 techniques, specifically focusing on evaluating soils for use with on-site
					 wastewater disposal.
2. Advanced
					 Soils Training will be a 2 day field course with the candidate in the location
					 or area of expertise. General soil conditions of the specific area will be
					 reviewed.
3. On-site Wastewater
					 Disposal System training will be a 1 week course focusing on the design,
					 placement, operation and maintenance of on-site systems. Department will select
					 sites for candidates and provide access to 5 proposed on-site wastewater
					 disposal system sites. The candidate will provide soil information along with
					 their written recommendation(s) for these sites. These 5 proposed
					 recommendations will be evaluated by the Division of On-site Wastewater and
					 using the Mississippi State Department of Health Wastewater Quality Assurance
					 Review Process.
a. The candidate must score
					 80% or better to receive a probation certification. All sites done under a
					 probation certification must be evaluated by the Division before an approval is
					 given.
b. A permanent
					 certification will be issued after his/her first 10 sites are evaluated and
					 scores of 80% or higher are achieved.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 18 - Division of On-site Wastewater › Subpart 77 - On-site Wastewater Regulations › Chapter 2 - CERTIFICATION › Subchapter 1 - Introduction › Rule 15-18-77-2.1.22 - Expiration

Current through June 25, 2024
Professional Evaluator certifications shall expire on
June 30
, unless revoked or suspended.
Miss Code Ann
						§
												41-67-3
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 18 - Division of On-site Wastewater › Subpart 77 - On-site Wastewater Regulations › Chapter 2 - CERTIFICATION › Subchapter 1 - Introduction › Rule 15-18-77-2.1.23 - Renewal

Current through June 25, 2024
A Certified Professional Evaluator may apply for renewal
						not more than 60 calendar days prior to the expiration of his Certified
						Professional Evaluator certification.
Note:
If more than 31
						calendar day have elapsed from the expiration of the most recent certification,
						the Department shall require an Applicant to comply with the provisions of
						initial certification.
1. Any person
					 applying for renewal shall file with the Division:
a. Completed application;
b. Proof of CEU or PDH credits;
c. Proof of Errors and Omissions Policy or
					 Surety;
d. Fee.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 18 - Division of On-site Wastewater › Subpart 77 - On-site Wastewater Regulations › Chapter 2 - CERTIFICATION › Subchapter 1 - Introduction › Rule 15-18-77-2.1.24 - Informal Fact Finding and Hearing

Current through June 25, 2024
1. Whenever the
					 Department intends to take action to suspend or revoke a Professional Evaluator
					 certification, there must be an informal fact finding conference and proper
					 notice must be given to the affected party.
a. The Professional Evaluator shall be
					 notified in writing. The notice must be hand delivered or sent by certified
					 mail. The notice must provide the factual and legal basis for the contemplated
					 action and must give the date, time, place, and location of the informal fact
					 finding conference.
b. The
					 informal fact finding conference is to be conducted by the Board of Certified
					 Professional Evaluators. The conference shall be conducted in accordance with,
					 but is not limited to, the requirements of
Administrative Procedural
					 Code of Mississippi
and may include the creation of a verbatim or
					 summary record of the proceedings.
c. The Department shall render a
					 recommendation from the informal fact finding conference within 30 calendar
					 days. Such recommendations shall be sent to the Division upon which appropriate
					 enforcement action shall be initiated.
d. When action is taken to suspend a
					 Professional Evaluator certification, that suspension shall be for a specified
					 period of time. Remedial actions including, but not limited to, additional
					 training courses, additional testing, and reevaluation of a site and/or
					 redesign of an Individual On-site Wastewater Disposal System.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 18 - Division of On-site Wastewater › Subpart 77 - On-site Wastewater Regulations › Chapter 2 - CERTIFICATION › Subchapter 1 - Introduction › Rule 15-18-77-2.1.25 - Penalties

Current through June 25, 2024
1. The Department may suspend or revoke a
					 certification for failure to comply with any law administered by the Board,
					 Department, any regulations of the Board, any order of the Board or Department
					 after due notice from the Department.
2. Actions that may result in suspension or
					 revocation include, but are not limited to; certifying as suitable a site that
					 does not comply with the minimum requirements of the Regulations, falsifying
					 any document, and any act of misrepresentation made related to Professional
					 Evaluator activities.
3. If any
					 person operates in the state as a Certified Professional Evaluator without
					 certification by the Board, the Board, after due notice and opportunity for a
					 hearing, may impose a monetary penalty not to exceed Ten Thousand Dollars
					 ($10,000.00) for each violation.
Miss Code Ann
						§
												41-67-3
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 18 - Division of On-site Wastewater › Subpart 77 - On-site Wastewater Regulations › Chapter 2 - CERTIFICATION › Subchapter 1 - Introduction › Rule 15-18-77-2.1.26 - Reinstatement

Current through June 25, 2024
Any person whose certification has been revoked may apply
						to the Division for reinstatement no sooner than 2 years after the effective
						date of the revocation. Reinstatement of a Certified Professional Evaluator's
						certification shall include:
1. An
					 application, fee and statement (if applicable) that no activities took place
					 after certification was revoked.
2. Documentation that the Applicant has
					 satisfactorily completed any remedial actions required as a result of the
					 revocation. Remedial actions including, but not limited to, additional training
					 courses, additional testing, and reevaluation of a site and/or redesign of an
					 on-site sewage system may be specified as conditions for reinstatement.
3. At least 10 sites must be
					 evaluated using the Department's Quality Assurance Review Process in the first
					 year. All sites must score at least 80% with no violation of Mississippi State
					 Law or Mississippi State Department of Health regulation which promotes the
					 violation of state law.
Miss Code Ann
						§
												41-67-3
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 18 - Division of On-site Wastewater › Subpart 77 - On-site Wastewater Regulations › Chapter 2 - CERTIFICATION › Subchapter 1 - Introduction › Rule 15-18-77-2.1.27 - CERTIFIED INSTALLER

Current through June 25, 2024
A Certified Installer can construct, install, repair,
						replace, service or maintain an Individual On-Site Wastewater Disposal System,
						upon which he has been certified by the Manufacturer. This will include the
						construction, installation, and repair or replace of any sewage treatment and
						disposal system.
1. A person may not
					 operate as a Certified Installer of Individual On-Site Wastewater Disposal
					 Systems unless the Division currently certifies that person.
2. A person who installs a Conventional
					 (septic tank and aggregate disposal) Individual On-site Wastewater Disposal
					 System on his own property for his primary residence must comply with all
					 Sections except for Rules 2.1.27.1, 2.1.28, 2.1.29.3, 2.1.29.8 and 2.1.30.
Miss Code Ann
						§
												41-67-3
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 18 - Division of On-site Wastewater › Subpart 77 - On-site Wastewater Regulations › Chapter 2 - CERTIFICATION › Subchapter 1 - Introduction › Rule 15-18-77-2.1.28 - Certified Installer Requirements

Current through June 25, 2024
1. The Board shall
					 issue a certification to an installer if the installer:
a. Completes an application form that
					 complies with this chapter and rules adopted under this chapter;
b. Satisfactorily completes the training
					 program provided by the Division;
c. Provides proof of having a valid General
					 Business Liability Insurance policy in effect with liability limits of at least
					 Fifty Thousand Dollars ($50,000.00) per occurrence and at least One Hundred
					 Thousand Dollars ($100,000.00) in total aggregate amount; and
d. Pays the certification fee.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 18 - Division of On-site Wastewater › Subpart 77 - On-site Wastewater Regulations › Chapter 2 - CERTIFICATION › Subchapter 1 - Introduction › Rule 15-18-77-2.1.29 - Certified Installer Application

Current through June 25, 2024
1. A person may
					 apply for certification by filing a complete application provided by the
					 Division, attending and satisfactorily completing training program, providing
					 proof of General Business Liability Insurance and paying the application fee in
					 accordance with Section
43-3-15(4)(e)
.
2. Prior to receipt of a certification, the
					 Applicant shall complete an examination, demonstrating his knowledge and
					 comprehension of the Individual On-site Wastewater Disposal System Regulations.
					 Within 30 days of passing the examination, the Certified Installer must submit
					 Insurance and fee.
3. Certificates
					 issued in accordance with this regulation shall not be transferable. Nothing
					 within this regulation shall be construed to limit the power of any municipal,
					 county, or governmental entity to enforce other license requirements or
					 additional measures for the restrictions of persons in the business of
					 constructing, installing, repairing and replacing any Individual On-Site
					 Wastewater Disposal System(s).
Miss Code Ann
						§
												41-67-3
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 18 - Division of On-site Wastewater › Subpart 77 - On-site Wastewater Regulations › Chapter 2 - CERTIFICATION › Subchapter 1 - Introduction › Rule 15-18-77-2.1.31 - Certified Installer Training Program and Examination

Current through June 25, 2024
1. Those persons taking written examination
					 specified in Section
41-67-25(3)(b)
shall pay a fee for such
					 testing as determined by the Department based on the actual costs of preparing
					 and administering the examinations.
2. Attendance of the Department's 2 day
					 Certified Installers training course.
3. Applicant must achieve a score of 80% or
					 better on the closed book examination.
4. All persons completing the above items
					 will be granted a probationary certificate. A person will be probationary until
					 he/she installs 3 Individual On-site Wastewater Disposal Systems as indicated
					 from a Permit/Recommendation and work has been inspected by the Division during
					 installation with no deficiencies indicated on Inspection (Form 305).
					 Probationary status will remain in effect until person is deemed competent by
					 the Division.
Miss Code Ann
						§
												41-67-3
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 18 - Division of On-site Wastewater › Subpart 77 - On-site Wastewater Regulations › Chapter 2 - CERTIFICATION › Subchapter 1 - Introduction › Rule 15-18-77-2.1.32 - Certified Installer Expiration

Current through June 25, 2024
Certified Installers certifications shall expire
June 30
unless suspended or revoked.
Miss Code Ann
						§
												41-67-3
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 18 - Division of On-site Wastewater › Subpart 77 - On-site Wastewater Regulations › Chapter 2 - CERTIFICATION › Subchapter 1 - Introduction › Rule 15-18-77-2.1.33 - Certified Installer Renewal

Current through June 25, 2024
1. A Certified
					 Installer may apply for renewal not more than 60 calendar days prior to the
					 expiration of his Certified Installer certification.
Note:
If more
					 than 31 calendar day have elapsed from the expiration of the most recent
					 certification, the Department shall require an Applicant to comply with the
					 provisions of initial certification.
2. Any person applying for renewal shall file
					 with the Division:
a. Completed application;
b. Proof of CEU or PDH credits;
c. Proof of General Business
					 Liability Insurance Policy;
d.
					 Fee.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 18 - Division of On-site Wastewater › Subpart 77 - On-site Wastewater Regulations › Chapter 2 - CERTIFICATION › Subchapter 1 - Introduction › Rule 15-18-77-2.1.34 - Informal Fact Finding and Hearing

Current through June 25, 2024
Whenever the Department intends to take action to
						suspend or revoke a certification, there must be an informal fact finding
						conference and proper notice must be given to the affected party.
1. The Certified Installer shall be notified
					 in writing. The notice must be hand delivered or sent by certified mail. The
					 notice must provide the factual and legal basis for the contemplated action and
					 must give the date, time, place, and location of the informal fact finding
					 conference.
2. The informal fact
					 finding conference is to be conducted by an employee of the Department. The
					 conference shall be conducted in accordance with, but is not limited to, the
					 requirements of
Administrative Procedural Code of Mississippi
and may include the creation of a verbatim or summary record of the
					 proceedings.
3. The Department
					 shall render a decision from the informal fact finding conference in a timely
					 manner. Such decisions shall constitute the final administrative decision and
					 may be appealed.
4. When action is
					 taken to suspend an Installer certification, that suspension shall be for a
					 specified period of time. Remedial actions including, but not limited to,
					 additional training courses, additional testing, and installing or repairing of
					 the Individual On-Site Wastewater Disposal System as conditions of any
					 suspension.
Miss Code Ann
						§
												41-67-3
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 18 - Division of On-site Wastewater › Subpart 77 - On-site Wastewater Regulations › Chapter 2 - CERTIFICATION › Subchapter 1 - Introduction › Rule 15-18-77-2.1.35 - Penalties

Current through June 25, 2024
1. The Department may suspend or revoke
					 certification for failure to comply with any law administered by the Board,
					 Department, or any regulation of the Board, any order of the Board or
					 Department after due notice from the Department.
2. Actions that may result in suspension or
					 revocation include, but are not limited to, constructing, installing,
					 repairing, replacing or causing the construction, installation, repairing,
					 replacing of an Individual On-Site Wastewater Disposal System on a site that
					 does not comply with the minimum requirements of the Regulations, falsifying
					 any document, and any act of misrepresentation.
3. If any person is operating in the state as
					 an installer without certification by the Board, the Board, after due notice
					 and opportunity for a hearing, may impose a monetary penalty not to exceed Ten
					 Thousand Dollars ($10,000.00) for each violation.
4. If any person or contractor fails to
					 comply with all requirements and regulations in the installation of the system,
					 the Board, after due notice and hearing, may levy an administrative fine not to
					 exceed Ten Thousand Dollars ($10,000.00). Each wastewater system installed not
					 in compliance with this chapter or applicable rules and regulations of the
					 Board shall be considered a separate offense.
Miss Code Ann
						§
												41-67-3
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 18 - Division of On-site Wastewater › Subpart 77 - On-site Wastewater Regulations › Chapter 2 - CERTIFICATION › Subchapter 1 - Introduction › Rule 15-18-77-2.1.36 - Reinstatement

Current through June 25, 2024
Any person whose certification has been revoked may
						apply to the Division for reinstatement no sooner than 2 years after the
						effective date of the revocation. Reinstatement of a Certified Installer's
						certification shall include:
1. An
					 application, fee and a written statement (if applicable) that no activities
					 took place after certification was revoked.
2. Provide documentation that the Applicant
					 has satisfactorily completed any remedial actions required as a result of the
					 revocation. Remedial actions including, but not limited to, additional training
					 courses, additional testing, and installation or repairing of the Individual
					 On-Site Wastewater Disposal System may be specified as conditions for
					 reinstatement.
Miss Code Ann
						§
												41-67-3
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 18 - Division of On-site Wastewater › Subpart 77 - On-site Wastewater Regulations › Chapter 2 - CERTIFICATION › Subchapter 1 - Introduction › Rule 15-18-77-2.1.37 - Certified Pumper

Current through June 25, 2024
A person may not be engaged in the business of removing
						and disposing of the sludge and liquid waste (septage) from Individual On-site
						Wastewater Disposal Systems in this state unless that person has a valid
						license issued by the Department.
Licensing a person constitutes the issuance of a
						certification with all rights and privileges to clean, pump and dispose of any
						sludge and liquid waste (septage) from any Individual On-Site Wastewater
						Disposal Systems, Portable Toilet (Self-Contained), grease trap and/or holding
						tank.
Miss Code Ann
						§
												41-67-3
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 18 - Division of On-site Wastewater › Subpart 77 - On-site Wastewater Regulations › Chapter 2 - CERTIFICATION › Subchapter 1 - Introduction › Rule 15-18-77-2.1.38 - Certified Pumper Requirements

Current through June 25, 2024
1. The Department
					 shall issue a license to a pumper if the pumper:
2. Completes an application that complies
					 with this chapter and rules adopted under this chapter;
3. Satisfactorily complies with the
					 requirements of his/her pumping and hauling equipment;
4. Provides annual documentation of a
					 disposal site approved by the Department of Environmental Quality, Office of
					 Pollution Control;
5. Provides
					 proof of having a valid General Business Liability Insurance policy in effect
					 with liability limits of at least Fifty Thousand Dollars ($50,000.00) per
					 occurrence and at least One Hundred Thousand Dollars ($100,000.00) in total
					 aggregate amount;
6. Submits
					 passing inspection of each vehicle;
7.
					  Pays the license fee.
Miss Code Ann
						§
												41-67-3
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 18 - Division of On-site Wastewater › Subpart 77 - On-site Wastewater Regulations › Chapter 2 - CERTIFICATION › Subchapter 1 - Introduction › Rule 15-18-77-2.1.39 - Certified Pumper Application

Current through June 25, 2024
1. A person may
					 apply for certification by filing a complete application provided by the
					 Division, attending and satisfactorily completing training program, providing
					 proof of General Business Liability Insurance, submittal of vehicle inspection
					 from the County Health Department and paying the inspection and application
					 fees as specified in Section
43-3-15(4)(e)
. In addition, all
					 Applicants shall list each approved disposal facility they intend to use.
					 Written verification of permission to use each disposal facility shall
					 accompany the application.
2.
					 Prior to receipt of a certification, the Applicant shall complete an
					 examination demonstrating his knowledge and comprehension of the Individual
					 On-site Wastewater Disposal System Regulations. Within 30 days of passing the
					 examination, the Certified Installer must submit Insurance and fee.
3. Certificates issued in accordance with
					 this regulation shall not be transferable. Nothing within this regulation shall
					 be construed to limit the power of any municipal, county, or governmental
					 entity to enforce other license requirements or additional measures for the
					 restrictions of persons in the business of removing and disposing of sludge and
					 liquid waste from Individual On-Site Wastewater Disposal System(s).
Miss Code Ann
						§
												41-67-3