Solid Wastes Disposal Law

Mississippi · Local Government; Provisions Common to Counties and Municipalities · §§ 17-17-1 to 17-17-9 · 126 sections

Overview

The Solid Wastes Disposal Law governs the treatment and disposal of solid and hazardous wastes in Mississippi, and authorizes local governments to establish waste treatment and disposal projects financed by revenue bonds — with procedures for bond resolutions, public protest and elections, bond validation and refunding, security, refunding, lease or sale agreements with participating industries, and related tax exemptions. On the regulatory side, it vests administration and enforcement in the Commission on Environmental Quality and the Department of Environmental Quality, which adopt rules, evaluate demonstrated need before permitting commercial hazardous waste management facilities, and set siting and permitting criteria. It also declares unauthorized dumps a public nuisance per se, addresses vermin control and nonconforming compost, requires resin-identification symbols on plastic bottles and containers while restricting local bans, deposits, or taxes on them, imposes per-ton fees and annual reporting on commercial municipal solid waste facilities, creates an Environmental Protection Trust Fund, and directs state and local nonhazardous solid waste management planning.

Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.

In the courts

Sections of this act have been cited in 53 court decisions.

Most-cited authority: 735 So. 2d 161 - Donald v. Amoco Production Co.

Sections covered

Miss. Code Ann. § 17-17-1Short title7 cites
Miss. Code Ann. § 17-17-101Legislative intent as to promotion of projects for treatment of solid and hazardous wastes; certificate of public convenience and necessity; approval by Department of Environmental Quality and Mississippi Development Authority required for certain projects
Miss. Code Ann. § 17-17-103Definitions
Miss. Code Ann. § 17-17-105Powers as to establishment of projects
Miss. Code Ann. § 17-17-107Resolution for issuance of revenue bonds; notice of resolution; protest and election
Miss. Code Ann. § 17-17-109Notice of election
Miss. Code Ann. § 17-17-11Hauling of solid waste
Miss. Code Ann. § 17-17-111Conduct of election
Miss. Code Ann. § 17-17-113Determination of election results; time of issuance of bonds
Miss. Code Ann. § 17-17-115Bond terms and specifications; validation
Miss. Code Ann. § 17-17-117Security for bonds
Miss. Code Ann. § 17-17-119Refunding bonds
Miss. Code Ann. § 17-17-121Contracting for projects
Miss. Code Ann. § 17-17-123Finding of necessity required before project is financed
Miss. Code Ann. § 17-17-125Covenants required of industries involved in construction or operation of waste treatment projects
Miss. Code Ann. § 17-17-127Lease/sale agreements between municipalities and industries
Miss. Code Ann. § 17-17-129Use of bond proceeds; cost of project
Miss. Code Ann. § 17-17-13Exemption1 cite
Miss. Code Ann. § 17-17-131Exemption from taxation
Miss. Code Ann. § 17-17-133Petition prior to issuance of bonds; approval of petition; relationship with other provisions
Miss. Code Ann. § 17-17-135Rules and regulations
Miss. Code Ann. § 17-17-15Disposal of hazardous wastes
Miss. Code Ann. § 17-17-151Demonstration of need by applicants for permits to operate commercial hazardous waste management facilities; factors considered by Permit Board in evaluating need for facilities; denial of permits; adoption of criteria and standards for location and permitting of facilities1 cite
Miss. Code Ann. § 17-17-153Legislative findings and declaration of policy as to siting and permitting of hazardous waste management facilities
Miss. Code Ann. § 17-17-17Unauthorized dumps as public nuisance per se2 cites
Miss. Code Ann. § 17-17-19Vermin control
Miss. Code Ann. § 17-17-2Administration and enforcement transferred to Commission on Environmental Quality and Department of Environmental Quality1 cite
Miss. Code Ann. § 17-17-201Short title2 cites
Miss. Code Ann. § 17-17-203Legislative findings and intent
Miss. Code Ann. § 17-17-205Definitions
Miss. Code Ann. § 17-17-207Molding or imprinting of plastic bottles or containers with symbols indicating plastic resin used in producing bottle or container; specification of symbols; maintenance and distribution of list of symbols
Miss. Code Ann. § 17-17-209Imposition of bans, deposits or taxes on plastic bottles and containers by municipalities, etc
Miss. Code Ann. § 17-17-21§§ 17-17-21 through 17-17-25. Repealed
Miss. Code Ann. § 17-17-211Penalties for violations of § 17-17-207; injunctions
Miss. Code Ann. § 17-17-213Rules and regulations
Miss. Code Ann. § 17-17-215Disposition of compost not conforming to criteria prescribed by Commission
Miss. Code Ann. § 17-17-217Environmental Protection Trust Fund
Miss. Code Ann. § 17-17-219Filing by owners or operators of commercial facilities managing municipal solid wastes of annual statements of waste received and managed; per-ton fees imposed on management of waste; daily record of waste delivered to facilities; annual aggregate report of wastes received at facilities1 cite
Miss. Code Ann. § 17-17-221Development and administration of state nonhazardous solid waste management plan; goals and contents; updating of plan
Miss. Code Ann. § 17-17-223Development of planning guidance and forms for local nonhazardous solid waste management plans
Miss. Code Ann. § 17-17-225Establishment of criteria for evaluation of local nonhazardous solid waste management plans1 cite
Miss. Code Ann. § 17-17-227County adoption of local nonhazardous solid waste management plan; contents; municipality participation; interlocal agreements; notice, ratification, review and implementation; alternative procedure for modifications; department to maintain copies; noncompliance with publication requirements2 cites
Miss. Code Ann. § 17-17-229Facility permits for nonhazardous solid waste management; application requirements and criteria1 cite
Miss. Code Ann. § 17-17-231Adoption of rules and regulations governing municipal sanitary landfills
Miss. Code Ann. § 17-17-233Establishment, collection and disposition of fees, surcharges, etc., to produce resources for closure of landfills and post-closure monitoring and remediation
Miss. Code Ann. § 17-17-235Proof of financial responsibility by owner or operator of sanitary landfill in lieu of requirements of § 17-17-233
Miss. Code Ann. § 17-17-27Enforcement of chapter; adoption of rules and regulations; revocation of permit; variances; renewals or extensions; public availability of information; application of Trade Secrets Act
Miss. Code Ann. § 17-17-29Penalties; injunction; recovery of cost of remedial action; disposition of fines5 cites
Miss. Code Ann. § 17-17-3Definitions4 cites
Miss. Code Ann. § 17-17-301Short title4 cites
Miss. Code Ann. § 17-17-303Legislative findings
Miss. Code Ann. § 17-17-305Definitions1 cite
Miss. Code Ann. § 17-17-307Creation of authority2 cites
Miss. Code Ann. § 17-17-309Incorporation of authority
Miss. Code Ann. § 17-17-31Provisions supplemental
Miss. Code Ann. § 17-17-311Amendment of incorporation agreement; withdrawal of member from authority; effect of withdrawal
Miss. Code Ann. § 17-17-313Board of commissioners of authority; employees; budget1 cite
Miss. Code Ann. § 17-17-315Administrative office; contracts for provision of staff support, administrative and operational services; preparation, development and review of solid waste management plan
Miss. Code Ann. § 17-17-317Powers of authority generally2 cites
Miss. Code Ann. § 17-17-319Promulgation of rules and regulations relating to construction, operation and maintenance of facility owned or operated by authority; requirement of flow of municipal solid waste to particular designated facilities; disposal of waste at previously established projects3 cites
Miss. Code Ann. § 17-17-321Contracts between public agencies and authority for provision of solid waste management services by authority; payments for services and contributions by public agencies
Miss. Code Ann. § 17-17-323Rates and fees charged by public agencies for services provided by authority
Miss. Code Ann. § 17-17-325Submission of local nonhazardous solid waste management plan by authority; designation of geographic area for collection, storage, processing and disposal of solid waste; approval of permit application for facility
Miss. Code Ann. § 17-17-327Bonds of authority
Miss. Code Ann. § 17-17-329Issuance by counties of general obligation bonds for solid waste management facilities
Miss. Code Ann. § 17-17-33Participation in regional solid waste disposal, recycling, and recovery systems authorized
Miss. Code Ann. § 17-17-331Temporary borrowing by authority
Miss. Code Ann. § 17-17-333Refunding bonds of authority
Miss. Code Ann. § 17-17-335Issuance by municipalities or counties of bonds for payment of costs for closure, post-closure maintenance or corrective action for solid waste management facilities
Miss. Code Ann. § 17-17-337Validation of bonds
Miss. Code Ann. § 17-17-339Terms and conditions of bonds of authority generally
Miss. Code Ann. § 17-17-341Appointment of trustee or receiver for enforcement or protection of rights of bondholders
Miss. Code Ann. § 17-17-343Exemption from taxation
Miss. Code Ann. § 17-17-345Powers of counties, municipalities or other political subdivisions and agencies and instrumentalities thereof as to assistance and cooperation with authorities
Miss. Code Ann. § 17-17-347Determination by local governments of costs for solid waste management within governmental service areas; establishment of systems for informing users of costs for solid waste management services; use of enterprise funds
Miss. Code Ann. § 17-17-348Counties and municipalities to publish detailed report of revenues and costs incurred in operating garbage or rubbish collection or disposal systems
Miss. Code Ann. § 17-17-349Derivation of pecuniary benefit by elected or appointed officials
Miss. Code Ann. § 17-17-35Entry and inspection of generating, treating, storage, transportation and disposal equipment, facilities, etc
Miss. Code Ann. § 17-17-37Property rights in solid wastes
Miss. Code Ann. § 17-17-39Construction or operation of authorized solid waste disposal systems or facilities not impaired
Miss. Code Ann. § 17-17-401Legislative findings
Miss. Code Ann. § 17-17-403Definitions1 cite
Miss. Code Ann. § 17-17-405Provision to department of information regarding waste tire collection sites; maintenance of unauthorized waste tire collection or disposal sites; disposal of waste tires at unauthorized sites; closure of sites upon cessation of operations
Miss. Code Ann. § 17-17-407Promulgation and enforcement of rules and regulations
Miss. Code Ann. § 17-17-409Powers and duties of counties, regional solid waste management authorities or municipalities regarding waste tire collection, processing and disposal
Miss. Code Ann. § 17-17-41Construction or operation of recycling plants or sale or gift of solid wastes not prohibited
Miss. Code Ann. § 17-17-411Registration of waste tire haulers; issuance and use of hauler identification numbers
Miss. Code Ann. § 17-17-413Execution and disposition of certification form relating to waste tires collected and shipped for storage, processing or disposal
Miss. Code Ann. § 17-17-415Tire retailers required to accept used or waste tires from customer at time of purchase; fee for accepting used or waste tire for disposal; limits and restrictions on holding of waste tires by retailers or wholesalers, motor vehicle dismantlers and salvage dealers
Miss. Code Ann. § 17-17-417Use of waste tires for soil erosion abatement, drainage and agricultural purposes
Miss. Code Ann. § 17-17-419Abatement of unauthorized waste tire dump or stockpile
Miss. Code Ann. § 17-17-421Repealed
Miss. Code Ann. § 17-17-423Imposition, administration, collection, enforcement and disposition of waste tire fee
Miss. Code Ann. § 17-17-425Utilization of monies allocated to environmental protection trust fund from waste tire fees
Miss. Code Ann. § 17-17-427Hauling or disposal of waste tires in violation of §§ 17-17-401 through 17-17-427
Miss. Code Ann. § 17-17-429Disposal of lead acid batteries
Miss. Code Ann. § 17-17-43Procedures applicable to hearings before commission and permit board
Miss. Code Ann. § 17-17-431Duties of retail sellers of lead acid batteries
Miss. Code Ann. § 17-17-433Preparation and distribution of notices required by § 17-17-431; inspection of premises and issuance of warnings; penalty for failure to post notice after receipt of warning
Miss. Code Ann. § 17-17-435Duty of wholesale sellers of lead acid batteries; removal of batteries accepted in transfer from battery retailers
Miss. Code Ann. § 17-17-437Promulgation, etc., of rules and regulations for implementation of §§ 17-17-429 through 17-17-445; penalties for violations
Miss. Code Ann. § 17-17-439Creation of “Right-Way-To-Throw-Away Program.”
Miss. Code Ann. § 17-17-441Development and administration of program; promulgation of rules and regulations for administration of funds for grants for establishment of household hazardous waste collection and management programs
Miss. Code Ann. § 17-17-443Registration and approval of programs for collection and management of household hazardous wastes; maintenance and submission of records
Miss. Code Ann. § 17-17-445Powers and duties regarding administration of program
Miss. Code Ann. § 17-17-45Appeal to chancery court2 cites
Miss. Code Ann. § 17-17-47Exclusive authority of State Oil and Gas Board as to regulation of oil field waste products4 cites
Miss. Code Ann. § 17-17-48Legislative intent as to regulation of radioactive waste disposal facilities
Miss. Code Ann. § 17-17-49Use of salt domes or other geologic structures for disposal of radioactive waste; penalties; enforcement; authorization
Miss. Code Ann. § 17-17-5Local governing bodies to provide for collection and disposal of garbage and rubbish; contracts; regulation of sanitary landfills; annexation1 cite
Miss. Code Ann. § 17-17-501Definitions1 cite
Miss. Code Ann. § 17-17-503Filing of disclosure statements by applicants for issuance, reissuance or transfer of permits pertaining to waste management facilities; contents; updating of statements
Miss. Code Ann. § 17-17-505Grounds for refusal of issuance, reissuance or transfer of permits pertaining to waste management facilities; factors considered where applicants have engaged in unlawful activities1 cite
Miss. Code Ann. § 17-17-507Consideration of performance history of public agencies applying for permits
Miss. Code Ann. § 17-17-51Facilities licensed by the Nuclear Regulatory Commission
Miss. Code Ann. § 17-17-53Commercial hazardous and nonhazardous waste facilities to file annual reports and pay disposal fees; fee calculation; disposition of proceeds
Miss. Code Ann. § 17-17-54Uncontrolled Site Evaluation Trust Fund
Miss. Code Ann. § 17-17-55Hazardous Waste Facility Site Revolving Fund; purpose of fund; rules and regulations
Miss. Code Ann. § 17-17-57Immunity of persons rendering aid in accidents involving discharge of hazardous materials
Miss. Code Ann. § 17-17-59Moratorium on new or expanded nonhazardous solid waste facilities2 cites
Miss. Code Ann. § 17-17-61Repealed
Miss. Code Ann. § 17-17-63Mississippi Nonhazardous Solid Waste Corrective Action Trust Fund
Miss. Code Ann. § 17-17-65Local Governments Solid Waste Assistance Fund
Miss. Code Ann. § 17-17-67Environmental felony for purposeful or reckless disposition of hazardous waste; penalties
Miss. Code Ann. § 17-17-7Garbage disposal
Miss. Code Ann. § 17-17-9Burning of garbage, etc

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