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Miss. Code Ann. § 17-17-229

Facility permits for nonhazardous solid waste management; application requirements and criteria

Known as the Solid Wastes Disposal Law

The act spans §§ 17–17 (126 sections).

Applied in 1 court decision — leading case Hinds County v. Mississippi Commission on Environmental Quality (2011)

Most recently applied in Hinds County v. Mississippi Commission on Environmental Quality (April 2011)

Laws, 1991, ch. 494, § 16; Laws, 1998, ch. 498, § 3; Laws, 2006, ch. 587, § 2, eff from and after July 1, 2006.

(1) After approval of a local nonhazardous solid waste management plan by the commission, neither the department, the permit board nor any other agency of the State of Mississippi shall issue any permit, grant or loan for any nonhazardous solid waste management facility in a county, municipality region, or district which is not consistent with the approved local nonhazardous solid waste management plan.

(2) The commission shall adopt criteria to be considered in location and permitting of nonhazardous solid waste management facilities. The criteria shall be developed through public participation, shall be enforced by the permit board and shall include, in addition to all applicable state and federal rules and regulations, consideration of: Hydrological and geological factors, such as floodplains, depth to water table, soil composition, and permeability, cavernous bedrock, seismic activity, and slope;

(3) Natural resources factors, such as wetlands, endangered species habitats, proximity to parks, forests, wilderness areas and historical sites, and air quality;

(4) Land use factors, such as local land use, whether residential, industrial, commercial, recreational, agricultural, proximity to public water supplies, and proximity to incompatible structures such as schools, churches and airports;

(5) Transportation factors, such as proximity to waste generators and to population, route safety and method of transportation; and

(6) Aesthetic factors, such as the visibility, appearance and noise level of the facility.

Current official text: Mississippi Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Mississippi statutes; confirm against the official source for the current text. Not legal advice.