Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 7501 - Maintenance › Chapter 03008 - Encroachment Permits for County and Municipally Owned Collection Stations for Solid Waste › Purpose › Section 37-1-7501-03008-102

Current through June 25, 2024
Solid waste collection stations may be located upon state
						highway rights of way in accordance with the following requirements:
1. Location of solid waste collection
					 stations on state highway rights of way may be permitted only in instances
					 where no practicable and feasible location off state highway rights of way can
					 be found. The applicant shall provide adequate parking for the station site(s).
					 The driveway for the station site(s) shall have adequate stopping sight
					 distances as indicated in Rule 37.I.7501.04013, Driveway and Street
					 Connections, Median Openings, Frontage Roads.
2. Solid waste collection stations are not to
					 be located on the rights of way of freeways, rights of way of partially
					 controlled access highways, and at locations on the rights of way of any
					 highway where access to and from the abutting property is prohibited.
3. Permit applications will be submitted on
					 Form MND-001, Application for Permit to Construct Driveway, and such
					 application shall conform to the requirements of Rule 37.I.7501.04002, Right of
					 Way Encroachment Permits, Rule 37.I.7501.03001, Processing of Permit
					 Applications and with Sections A, B, and C of Rule 37.I.7501.04013, Driveway
					 and Street Connections, Median Openings, Frontage Roads.
4. Where the abutting property is owned by
					 the county or municipality, a permit for locating a collection station on
					 highway right of way will not be approved; however, the applicant may request
					 approval for a driveway permit for access for the collection station.
5. The application for location of the
					 station on state highway right of way will not be considered unless the
					 application includes thereon on a properly executed statement reading as
					 follows:
I, (we) the owners of the property abutting the highway
						right of way on which this collection station is located agree to the location
						as shown and understand that this agreement becomes a part of the approved
						permit.
Owner: ____________________ Signed:
						__________________________ Witness: ___________________ Signed:
						__________________________
The statement is to be signed by the fee simple owner or
						owners of record and leaseholders, if any, and if the abutting property is a
						homestead, the spouse and/or heirs will sign. The statement shall be notarized
						and witnessed.
6. The
					 application may provide for driveways with an aggregate surface as a temporary
					 measure, however, outlines of required paving for the permanent facility will
					 be shown on the permit application.
7. In addition to any other pertinent
					 statements, prior to execution by the applicant or applicants, the application
					 will contain the following:
As a condition for the approval of this permit the
						applicant shall comply with the following:
A. Construct the facility shown on this
					 application at its own expense and at such time as it is no longer feasible to
					 operate the station further agrees to remove same and restore the highway
					 rights of way to a condition acceptable to the Chief Engineer-Deputy Executive
					 Director of the Mississippi Department of Transportation, hereinafter
					 "Department".
B. After the
					 container has been placed at the specified location for a period of six months
					 and its use indicates that it should be a permanent location, the applicant
					 shall pave the area designated on the permit at the sole expense of the
					 applicant.
C. All waste receptacles
					 will be constructed of solid metal, equipped with self-closing lids, meeting
					 all requirements of the State Board of Health and designed so as to enable
					 waste to be deposited and emptied in a manner that will not create an unsightly
					 or unsanitary condition at the station.
D. The applicant will keep the station area
					 clean at all times.
E. Upon failure
					 of the applicant to comply with the terms of this permit, said permit may be
					 canceled by the Department upon thirty days written notice.
F. The applicant shall obtain any permit(s)
					 required from the Mississippi Department of Environmental Quality (DEQ) for
					 locating and operating any transfer, storage and/or collection station and
					 transportation thereof on public or private property in addition to the highway
					 permit from the Department.
G. The
					 waste container and all parking must be located outside the clear
					 zone.
H. This Rule,
					 37.I.7501.03008, Encroachment Permits for County and Municipally Owned
					 Collection Stations for Solid Waste, shall be hereto attached and considered
					 part thereof of the applicants permit and he/she shall comply with all terms
					 herein.
REFERENCES (All references herein to other materials are
						as to the most current version of that particular document.)