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 2 - CERTIFICATION › Subchapter 1 - Introduction › Rule 15-18-77-2.1.40 - Certified Pumper Inspection: (County Health Department)

Current through June 25, 2024
1. Complete Inspection form and return to
					 Division.
2. Verify that all jobs
					 are being recorded on the Data Log sheet.
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 15-18-77-2.1.41 - Certified Pumper Responsibilities

Current through June 25, 2024
1. Notifying the
					 Department within 10 working days of adding, replacing or deleting the
					 inventory of vehicles for the purpose of updating application of any change in
					 address, business partnership or affiliation, or any other status that affects
					 his/her standing as a Certified Pumper.
2. Keep a record on all systems cleaned,
					 pumped and disposed of by address, type of treatment unit, amount pumped, and
					 receipt of disposal at waste treatment facility permitted by the Mississippi
					 Department of Environmental Quality (MDEQ). The proper cleaning of any septic
					 tank or similar unit shall include the substantial removal of its contents.
a. Discharge of septage or other liquid waste
					 shall be allowed only at those specific locations designated by the
					 owners/operators of approved disposal facilities.
b. Discharge of septage or other liquid waste
					 into a public sewage collection system, without the consent and permission of
					 the owner/operator of such system, is prohibited.
c. Records shall be made available at time of
					 the inspection by the Department. Records must be retained for a minimum of 2
					 years.
d. Provide authorization
					 letter, from a Mississippi Department of Environmental Quality (MDEQ) permitted
					 facility upon inspection and/or request.
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 15-18-77-2.1.42 - Certified Pumper Expiration

Current through June 25, 2024
Certified Pumper certifications shall expire
September 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 15-18-77-2.1.43 - Renewal

Current through June 25, 2024
A Certified Pumper may apply for renewal not more than
						60 calendar days prior to the expiration of his Certified Pumper 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. Any person
						applying for renewal shall file with the Division:
1. Completed application;
2. Copy of Inspection from County Health
					 Department;
3. Proof of CEU or PDH
					 credits;
4. Proof of General
					 Business Liability Insurance Policy;
5. Copy of letter from disposal site(s); and
6. 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 15-18-77-2.1.44 - Informal Fact Finding and Hearing

Current through June 25, 2024
Whenever the Department intends to take action to
						suspend or revoke a Pumper certification, there must be an informal fact
						finding conference in accordance and proper notice must be given to the
						affected party.
1. The Certified
					 Pumper 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
					 a Pumper certification, that suspension shall be for a specified period of
					 time. Remedial actions including, but not limited to, additional training
					 courses, additional testing, and certification by manufacture of pumping
					 equipment.
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 15-18-77-2.1.45 - 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, 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 Mississippi State Department of Health Regulations,
					 spillage, septage or other liquid waste from equipment, dumping or disposing of
					 septage or other liquid waste in a unpermitted or unapproved site, falsifying
					 any document, and any act of misrepresentation made related to Certified Pumper
					 activities.
3. If any person
					 operates in the state as a licensed pumper without a license 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. Section
41-67-6(6)
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 15-18-77-2.1.46 - Reinstatement

Current through June 25, 2024
Any person whose Certified Pumper's certification has
						been revoked may apply to the Department for reinstatement as a Pumper no
						sooner than 2 years after the effective date of the revocation. Reinstatement
						of a Certified Pumper'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 certification by
					 manufacturer of pumping equipment.
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 15-18-77-2.1.47 - Certified Maintenance Provider

Current through June 25, 2024
A Certified Maintenance Provider can perform maintenance
						on an Individual On-Site Wastewater Disposal System which he/she has under
						contract. This will include the repair or replacement of a component originally
						installed by a Certified Installer. This shall exclude any repairs or
						replacement of the disposal system that would require the person to be a
						Certified Installer. A person may not operate as a maintenance provider in this
						state unless that person is a maintenance provider certified by the department
						on April 26, 2011, or is a Certified Installer.
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 15-18-77-2.1.48 - Certified Maintenance Provider Responsibilities

Current through June 25, 2024
1.
					 Provide on all Advanced Treatment System, an affidavit from the property owner
					 agreeing to a continuing maintenance agreement on the installed system at the
					 end of the required manufacturer's maintenance agreement.
2. Providing the property owner with a
					 continuing maintenance agreement on all Advanced Treatment Systems in
					 perpetuity.
3. Furnish proof of
					 certification to an individual before entering a contract with that individual
					 for the continuing maintenance of an individual on-site wastewater disposal
					 system.
4. Provide 2 inspections
					 annually to the homeowner. Each must include the homeowner name/address, date,
					 time and list of components repaired or replaced. This report must be submitted
					 to the Division on a yearly basis.
5. Provide a sample contract and/or list of
					 services to the Division, when requested.
6. Submittal Reports
a. Inspecting and evaluating Individual
					 On-Site Wastewater Disposal Systems to determine if they are compliant with
					 state law and being properly maintained.
b. Keeping accurate records of systems
					 inspected and repaired.
c. Issuing
					 inspection reports to property owners and the Division on a biannual basis from
					 date of contract.
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 15-18-77-2.1.49 - Certified Maintenance Provider Expiration

Current through June 25, 2024
Certified Maintenance Provider certifications shall
						expire on
December 31
, unless suspended or revoked. This
						certification is valid for 2 years. This is only for the currently certified
						person, no further certifications will be 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 15-18-77-2.1.50 - Informal Fact Finding and Hearing

Current through June 25, 2024
Whenever the Department intends to take action to
						suspend or revoke a Maintenance Provider certification, there must be an
						informal fact finding conference and proper notice must be given to the
						affected party.
1. The Certified
					 Maintenance Provider 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
					 a Maintenance Provider certification, that suspension shall be for a specified
					 period of time. Remedial actions including, but not limited to, additional
					 training courses, examination, and installation or repairing of the Individual
					 On-Site Wastewater Disposal System(s).
5. Submitting false information to the
					 property owner or to the Department is grounds for certification revocation.
6. Falsifying inspection reports
					 is grounds for certification revocation.
7. Violating Mississippi State Laws or
					 Regulations Governing On-site Wastewater Disposal Systems, or encouraging
					 property owners to violate said laws and regulations, is grounds for
					 certification revocation.
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 15-18-77-2.1.51 - 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, repairing, replacing or causing the
					 repairing, replacing of an Individual On-Site Wastewater Disposal System that
					 does not comply with the minimum requirements of the Mississippi State
					 Department of Health Regulations, falsifying any document, and any act of
					 misrepresentation made related to Certified Maintenance Provider activities.
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 15-18-77-2.1.52 - QUALIFIED HOMEOWNER MAINTENANCE PROVIDER

Current through June 25, 2024
A Qualified Homeowner Maintenance Provider can repair or
						replace any component on an installed Individual On-Site Wastewater Disposal
						System at his/her primary residence which utilizes an Advanced Treatment
						System. This will include the repair or replacement of any component used as
						primary treatment or disposal.
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 15-18-77-2.1.53

Current through June 25, 2024
A person shall not operate as a Qualified Homeowner
						Maintenance Provider on any Individual On-Site Wastewater Disposal Systems
						unless that person is trained by a Certified Installer authorized by the
						specific Manufacturer of the homeowner's Advanced Treatment System with
						documentation from the Manufacturer being provided to 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 15-18-77-2.1.54

Current through June 25, 2024
Qualified Homeowner Maintenance Provider
						Responsibilities
1. Provide continuous
					 maintenance on his/her Advanced Treatment System in perpetuity.
2. Successfully complete manufacturer's
					 training and certification whose Advanced Treatment Systems are certified for
					 sale in Mississippi shall be allowed by the Department to perform on-site
					 wastewater maintenance on that manufacturer's Advanced Treatment System.
3. Provide 1 inspection based on
					 date of installation. Each must include the homeowner name/address, date, time
					 and list of any components repaired or replaced and present the report every 2
					 years to the Division with certification renewal.
4. Submittal Reports
a. Inspect and evaluate his/her on-site
					 systems.
b. Keeping accurate
					 records of systems inspected and repaired.
c. Issuing inspection reports to the Division
					 on an annual basis.
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 15-18-77-2.1.55 - Informal Fact Finding and Hearing

Current through June 25, 2024
1. Whenever the
					 Department intends to take action to suspend or revoke a Qualified Homeowner
					 Maintenance Provider certification, there must be an informal fact finding
					 conference and proper notice must be given to the affected party.
a. The Qualified Homeowner Maintenance
					 Provider 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 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.
c. The Department designee 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.
d. When action is taken
					 to suspend a Qualified Homeowner Maintenance Provider certification, that
					 suspension shall be for a specified period of time. Remedial actions including,
					 but not limited to, additional training courses, examination, and installation
					 or repairing of the Individual On-Site Wastewater Disposal System(s).
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 15-18-77-2.1.56 - 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, repairing, replacing or causing the
					 repairing, replacing of an Individual On-Site Wastewater Disposal System that
					 does not comply with the minimum requirements of the Mississippi State
					 Department of Health Regulations, certifying any Individual On-Site Wastewater
					 Disposal System that proof of ownership is not filed with the Division,
					 transferring of ownership without notifying Division, falsifying any document,
					 and any act of misrepresentation made related to Qualified Homeowner
					 Maintenance Provider activities.
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 15-18-77-2.1.57 - Hearing Procedure

Current through June 25, 2024
1. Prior to
					 assessing and collecting the administrative fine, the Department shall provide
					 written notification by Certified Mail/Return Receipt Requested to the
					 violator, stating the basis for the fine, and setting an administrative hearing
					 date within 10 working days of mailing of such notification.
2. Upon determination of the first hearing if
					 sufficient reason for the fine to be assessed, the installer shall have 10
					 working days from receipt of such determination to request an additional
					 hearing at the second level, if he wishes to appeal the decision of the hearing
					 officer.
3. At the second level, a
					 hearing officer appointed by the State Health Officer shall conduct a hearing
					 to be scheduled within 30 calendar days of receipt of the request for such
					 hearing.
4. The second level
					 hearing shall be held at the Mississippi State Department of Health, 570 E
					 Woodrow Wilson, Jackson, Mississippi. The appellant will be provided procedural
					 rules.
5. The decision to be made
					 by the State Health Officer or appointee will be based solely on the oral,
					 written and documentary evidence presented. After considering all findings of
					 fact, conclusions of law and recommendations of the hearing officer, the State
					 Health Officer will make the final decision whether to sustain the decision
					 made by the first level hearing official and assess and collect the fine. The
					 decision of the State Health Officer will be binding on the Department. The
					 appellant will be notified in writing by certified mail of the State Health
					 Officer's decision.
6. In case of
					 an adverse decision the appellant will be advised of the right to pursue
					 judicial review.
7. No individual
					 may file a petition for judicial review with a court of competent jurisdiction
					 until a final written decision and order have been provided by the Mississippi
					 State Department of Health.
8. A
					 certification may be summarily suspended by the issuing official pending a
					 hearing, as herein provided, if the holder of the certification acts in such a
					 manner as to pose an immediate or serious threat to the public health. In the
					 case of a summary suspension, the certified installer shall be given a hearing
					 as soon as possible after the issuing official receives a written request for a
					 hearing.
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 15-18-77-2.1.58 - Professional Development Hours for Certified Installers and Certified Professional Evaluators

Current through June 25, 2024
1. Certified
					 Installers and Certified Professional Evaluators need thrity (30) hours of
					 Professional Development Hours (PDH) that they may use in lieu of Continuing
					 Education Units (CEU).
2. PDH
					 credits may be earned by installers through a variety of tasks, including
					 passed final inspections, site consultations with Environmentalists,
					 successfully completing a college short course or home study course deemed
					 relevant by the Division of On-site Wastewater such as business, computer,
					 science or math classes or assisting MSDH with training new environmentalists.
					 See Rule 2.1.44.6 for specific PDH credit amounts for Certified Installers and
					 Certified Professional Evaluators.
3. The Certified Installer will be
					 responsible for collecting and submitting the appropriate documentation to show
					 they have earned their PDH credits.
4. Documents issued by the MSDH and emails or
					 other written documentation from Environmentalists, Supervising
					 Environmentalists and Program Specialists will serve as documentation.
5. A registration fee of $32.50
					 will be required to file the PDH credits with the Division of On-site
					 Wastewater.
6. Approved Activities
					 for PDH Credit for Certified Installers and Certified Professional Evaulators:
Approved Activity
PDH Credits
Passing the final inspection on a new or repair
								  installation
2
Site consultation or system layout with
								  environmentalists
5
Training of probationary installers onsite
								  during installation
10
Volunteer for final approval inspection for new
								  environmentalists training
15
Tank fabrication training for new
								  environmentalists
20
Completion of a pre-approved community college
								  courses. Proof of participation is required for credit.
30
Attendance to a pre-approved wastewater
								  conference. Proof of seminar participation required for credit.
30
MSDH approved home study courses
30
Pre-approved charity installations or donation
								  of materials. Written proof from recipient required. Recognizable non-profit
								  organization must document activity participation.
30
Participation on the Wastewater Advisory
								  Council. WAC members get full credit. Non-members can attend all yearly
								  meetings for full credit or receiving 5 PDH per meeting as a guest
30 - Member
5 Per Meeting -
Guest
Attend an MSDH CI/CP continuing education
								  class
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 15-18-77-2.1.59 - Professional Development Hours for Certified Pumpers

Current through June 25, 2024
1. Certified Pumpers need 15 hours of
					 Professional Development Hours (PDH) that they may use in lieu of Continuing
					 Education Units (CEU)
2. PDH
					 credits may be earned by Certified Pumpers through a variety of tasks,
					 including documenting the pumping of a tank, documentation of providing,
					 advising or ensuring lid security to customers, confirmed dumping at a
					 permitted MDEQ disposal site, a written emergency spill plan in pump truck(s)
					 verified during the yearly truck inspection, attendance in pre approved pumper
					 conference, participation on the wastewater advisory council, MSDH approved
					 home study courses, completion of pre-approved community college course,
					 non-profit charity verified tank pump out, attend an MSDH CI/CP CEU class. See
					 Rule 2.1.59.6 for specific PDH credit amounts for Certified Pumpers.
3. The Certified Pumper will be responsible
					 for collecting and submitting the appropriate documentation to show they have
					 earned their PDH credits.
4.
					 Documents issued by the MSDH and emails or other written documentation from
					 Environmentalists, Supervising Environmentalists and Program Specialists will
					 serve as documentation.
5. A
					 registration fee of $32.50 will be required to file the PDH credits with the
					 Division of On-site Wastewater.
6.
					 Approved Activities for PDH Credit for Certified Pumpers:
Approved Activity
PDH Credits
Documented pumping of a tank or vessel
								  containing wastewater
1
Documentation of providing, advising or ensuring
								  lid security to customers
1
Confirmed dumping at a permitted MDEQ disposal
								  site
1
A written emergency spill plan in pump truck(s)
								  verified during the yearly truck inspection
5
Attendance to a pre-approved pumper conference.
								  Certificate of seminar participation required for credit.
15
Participation on the Wastewater Advisory
								  Council. WAC members get full credit. Non-members can attend all yearly
								  meetings for full credit or receive 2.5 PDH per meeting as a guest
15
MSDH approved home study course
15
Completion of pre-approved community college
								  course. Proof of participation is required for credit.
15
Pre-approved non-profit verified charity tank
								  pump-out
15
Attend an MSDH CI/CP continuing education
								  class
15
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 3 - Commercial Development › Subchapter 1 - Subdivision › Rule 15-18-77-3.1.1 - PURPOSE

Current through June 25, 2024
The purpose of this regulation is to establish
						procedures and protocols for the review and subsequent approval, referral or
						disapproval of proposed subdivisions planning to utilize individual onsite
						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 3 - Commercial Development › Subchapter 1 - Subdivision › Rule 15-18-77-3.1.2 - 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(4)
						(a) (b) (f) and Section
						41-67-1
						through
						41-67-29
						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 3 - Commercial Development › Subchapter 1 - Subdivision › Rule 15-18-77-3.1.3 - DEFINITIONS

Current through June 25, 2024
1. Available space - sufficient area in which
					 to properly install the required individual onsite wastewater disposal system
					 including the working area necessary to prevent excessive and unnecessary
					 equipment traffic over the system and space allowance for future extensions.
2. Bedroom - a room designed
					 primarily for sleeping or a room which is expected to routinely provide
					 sleeping accommodations for occupants.
3. Board - the Mississippi State Board of
					 Health.
4. Covenant Running with
					 the Land - a covenant which goes with the land and which cannot be separated
					 from the land and transferred without it. This covenant is said to run with the
					 land when not only the original parties or their representatives, but each
					 successive owner of the land, will be entitled to its benefits, or be liable to
					 its obligation.
5. Department -
					 the Mississippi State Department of Health.
6. Developer - a person who creates a
					 subdivision development, multi-family dwelling, manufactured home development,
					 commercial establishment or recreational vehicle park as herein defined.
7. Division - the Mississippi
					 State Department of Health, Division of On-Site Wastewater.
8. Dwelling - a house, manufactured home,
					 shelter, structure, or building, or portion thereof, which is not readily
					 mobile and is occupied in whole or in part as the home, residence, or sleeping
					 place of one or more people.
9.
					 Feasibility study - a report composed by a Professional Engineer comparing the
					 most cost effective central sewage collection system to the appropriate
					 individual onsite wastewater disposal system as regulated by the Mississippi
					 Department of Health.
10.
					 Establishment - a multi-family housing apartment, condominium or townhouse
					 complex, a manufactured home park or recreational vehicle park, a
					 non-residential commercial or institutional development or places of business
					 or assembly. An establishment includes all buildings or structures, and the
					 land appertaining thereto and shall have a legal entity which is responsible
					 for ownership and maintenance/operation of the sewage treatment and disposal
					 facilities.
11. Flooding - a
					 covering of the soil surface by water from any source, such as streams
					 overflowing their banks, runoff from adjacent or surrounding slopes, elevation
					 of the ground water table exceeding that of the soil surface, or combinations
					 of these. Terms also associated with flooding and used elsewhere in this
					 Chapter are:
a. Frequent - flooding is likely
					 to occur often under usual weather conditions (more than a 50 percent chance of
					 flooding in a year, or more than 50 times in 100 years).
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 18 - Division of On-site Wastewater › Subpart 77 - On-site Wastewater Regulations › Chapter 3 - Commercial Development › Subchapter 1 - Subdivision › Rule 15-18-77-3.1.4 - General Provisions

Current through June 25, 2024
It is the policy of the Board that connection to a
						public sewer system is recommended when a proposed development has access to
						such existing sewer system. It is the policy of the Board that connection to a
						public water system is recommended when a proposed development has access to
						such public water 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 3 - Commercial Development › Subchapter 1 - Subdivision › Rule 15-18-77-3.1.5 - Subdivision Approval Required

Current through June 25, 2024
No person shall commence any act which would constitute
						building a development on 10 or more lots for residential use utilizing on-site
						sewage disposal systems prior to submitting the
Subdivision
						Application
, from the Department. Nothing in this Chapter shall be
						construed to prevent the department from conducting soil borings, any other
						preliminary testing and/or inspection.
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 3 - Commercial Development › Subchapter 1 - Subdivision › Rule 15-18-77-3.1.6 - Subdivision Review Required

Current through June 25, 2024
1. Any person
					 proposing to develop a subdivision, or an addition to a subdivision utilizing
					 on-site wastewater disposal shall submit, to the Department, information for
					 review outlined on the Subdivision Review Checklist Form, provided by the
					 Department.
2. For purposes of
					 these regulations, the subdividing of property into 10 or more lots, tracts,
					 sites or parcels for the purpose of residential or commercial development shall
					 constitute development of a subdivision.
3. Once all of the required information is
					 submitted, the development will be evaluated following the flow chart found
					 2.35 Procedures, Chart I of this regulation.
4. The following activities shall
not
be considered as creating a subdivision:
a. Dividing a parcel of land for the purpose
					 of a bona fide gift.
b. Dividing a
					 parcel of land under the provisions of a will or under the laws of intestate
					 succession.
c. The mere sale,
					 lease or rental of land, provided that the sale, lease or rental does not take
					 place in conjunction with building development.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 18 - Division of On-site Wastewater › Subpart 77 - On-site Wastewater Regulations › Chapter 3 - Commercial Development › Subchapter 1 - Subdivision › Rule 15-18-77-3.1.7 - Responsibilities

Current through June 25, 2024
1. The Mississippi State Department of Health
					 shall be responsible for the following:
a.
					 Evaluating the site for proposed subdivision development, commercial
					 establishment, multi-family dwelling, manufactured home development or
					 recreational vehicle park for the placement and use of Individual On-site
					 Wastewater Disposal Systems. The evaluation will be based on soil/site
					 conditions and the amount of available area to place these systems. The
					 property must be evaluated by staff from the Division of On-site Wastewater.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 18 - Division of On-site Wastewater › Subpart 77 - On-site Wastewater Regulations › Chapter 3 - Commercial Development › Subchapter 1 - Subdivision › Rule 15-18-77-3.1.8 - Subdivisions Requiring a Feasibility Study

Current through June 25, 2024
1. The
					 developer shall employ a Professional Engineer to prepare the feasibility study
					 to determine the proper, adequate method of sewage disposal for the proposed
					 subdivision.
2. The Feasibility
					 Study and all accompanying materials shall be prepared and submitted to the
					 Division for review. The complete submittal must contain all original
					 signatures and seals and include an electronic copy of the plat. The
					 Feasibility Study should be submitted well in advance of the anticipated
					 construction date, since a lack of necessary information could cause additional
					 delays.
a. If all required information is not
					 provided with the submittal, the applicant shall be notified in writing and
					 review withheld until the complete information is received.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 18 - Division of On-site Wastewater › Subpart 77 - On-site Wastewater Regulations › Chapter 3 - Commercial Development › Subchapter 1 - Subdivision › Rule 15-18-77-3.1.9 - Subdivisions in Wetlands or Frequently Flooded Areas

Current through June 25, 2024
All subdivisions to be developed utilizing onsite sewage
						disposal systems wholly or partially within a wetland or a frequently flooded
						area as defined in this regulation shall, in addition to the other requirements
						of this regulation, comply with the following requirements:
1. No approval shall be given for any
					 Subdivision which lies wholly within a wetland or a frequently flooded area.
2. Where a proposed Subdivision is
					 located partially within a wetland or a frequently flooded area, that portion
					 of the Subdivision not within the wetland or frequently flooded area may be
					 considered for approval.
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 3 - Commercial Development › Subchapter 1 - Subdivision › Rule 15-18-77-3.1.10 - Procedures and Protocol

Current through June 25, 2024
1. Once all
					 required information is submitted, the Division of On-site Wastewater shall
					 complete the review of the development or request additional information within
					 thirty calendar days.
2. The
					 review of the proposed project for determination of the requirement for a
					 feasibility study will be made utilizing the steps outlined in a flow chart.
3. Subdivisions will be considered
					 feasible for central collection, if the cost of a central system does not
					 exceed 150 percent of the aggregate cost of an individual on-site wastewater
					 disposal system on each lot.
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 3 - Commercial Development › Subchapter 1 - Subdivision › Rule 15-18-77-3.1.11 - On-site Systems Serving Commercial Establishments, Multi-Family Residences, Manufactured Home Developments and Recreational Vehicle Campgrounds

Current through June 25, 2024
1. A property owner
					 planning to build, construct or otherwise place more than two families,
					 manufactured homes or recreational vehicles or a single commercial
					 establishment on a single tract of land and is planning to utilize an
					 Individual On-site Wastewater Disposal System, designed to treat and dispose of
					 residential strength wastewater, must submit information on the Multi-Family
					 Residence and Manufactured Home Development/Recreational Vehicle Campground
					 Checklist Form provided by the Department.
2. Multi-Family residences must count each
					 separate unit as one "lot" in the development.
3. The planned sewage flow for each lot in a
					 manufactured home development shall be 390 gallons per day.
4. More than one commercial establishment,
					 recreational vehicle or multi-family dwelling may be connected to a single
					 on-site wastewater disposal system, provided that one person is accountable for
					 the on-site sewage disposal system in accordance with these regulations for all
					 dwellings involved.
5. Commercial
					 establishments, multi-family dwellings and recreational vehicle campgrounds
					 where the connection of more than one dwelling to an on-site sewage disposal
					 system is proposed, the application to install an on-site disposal system shall
					 include the information in 2.33 (2) and the following additional information:
a. A complete layout of streets, parking
					 areas, on-site sewage disposal systems, sewer lines, water lines, easements,
					 underground utilities and dwelling locations;
b. Total acreage or square footage of the
					 proposed property.
c. A notarized
					 statement signed by the property owner, stating that the property will not be
					 subdivided or lots sold, and that the on-site sewage disposal system will be
					 under the responsibility of one person, and giving the name of that person,
					 with address and telephone number.
d. For multi-family dwellings, each building
					 plan shall show the number of dwelling units and number of bedrooms.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 18 - Division of On-site Wastewater › Subpart 77 - On-site Wastewater Regulations › Chapter 3 - Commercial Development › Subchapter 1 - Subdivision › Rule 15-18-77-3.1.12 - Hearing And Appeals

Current through June 25, 2024
1. Any person
					 aggrieved by the Department's determination of feasibility disapproval or
					 requirements for an on-site wastewater disposal system as provided by the
					 department may request a review of the determination. The request for review
					 must be submitted in writing to the Director of the Office of Environmental
					 Health. The request for review shall identify the matter contested and state
					 the name of the development, developer's name, mailing address and home and
					 daytime phone numbers. Within 10 business days of the receipt of the request
					 for review, the Department shall issue in writing a ruling and determination to
					 the person and if any corrections are necessary to any correspondence or form
					 previously issued by the department, then new correspondence or forms shall be
					 submitted to the person.
2. Any
					 person aggrieved by the ruling issued by the Director of the Office of
					 Environmental Health may apply for a hearing. Any hearing shall be conducted by
					 a hearing officer designated by the Department. At the hearing, the hearing
					 officer and any person affected by the proposal being reviewed may conduct
					 reasonable questioning of persons who make relevant factual allegations
					 concerning the proposal. The Hearing Officer shall require that all persons be
					 sworn before they may offer any testimony at the hearing, and the hearing
					 officer is authorized to administer oaths. Any person so choosing may be
					 represented by counsel at the hearing. A record of the hearing shall be made,
					 which shall consist of a transcript of all testimony received, all documents
					 and other material introduced by any interested person, the staff report and
					 recommendation, and any other material as the hearing officer considers
					 relevant, including his own recommendation. He shall make a recommendation
					 within a reasonable period of time after the hearing is closed and after he has
					 had an opportunity to review, study and analyze the evidence presented during
					 the hearing. The completed record shall be certified to the State Health
					 Officer, who shall consider only the record in making his decision, and shall
					 not consider any evidence or material which is not included. All final
					 decisions regarding the disapproval or requirements for an on-site wastewater
					 disposal system shall be made by the State Health Officer. The State Health
					 Officer shall make his written findings and issue his order after reviewing the
					 record. The findings and decision of the State Health Officer shall not be
					 deferred to any later date, and any deferral shall result in an automatic order
					 of disapproval.
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 3 - Commercial Development › Subchapter 2 - RECREATIONAL VEHICLE CAMPGROUNDS › Rule 15-18-77-3.2.1 - Purpose

Current through June 25, 2024
The purpose of this regulation is to establish minimum
						design/construction standards regarding sanitary facilities, and to establish
						requirements for persons engaged in the operation of Recreational Vehicle
						Campgrounds (RV Campgrounds).
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 3 - Commercial Development › Subchapter 2 - RECREATIONAL VEHICLE CAMPGROUNDS › Rule 15-18-77-3.2.2 - Authority

Current through June 25, 2024
The State Board of Health is authorized to promulgate
						these rules under and by virtue of Section
						41-3-17
						and Section
						41-25-13,
						Mississippi Code of 1972, Annotated.
Miss Code Ann
						§
												41-67-3