1997 Regular Session
To: Environment Prot, Cons and Water Res
By: Senator(s) Robertson
Senate Bill 2567
AN ACT TO IMPOSE A MORATORIUM ON THE PERMITTING OF NEW COMMERCIAL HAZARDOUS WASTE MANAGEMENT FACILITIES; TO ENSURE PUBLIC HEALTH AND WELFARE BY ESTABLISHING A PRUDENT POLICY FOR THE SITING OF HAZARDOUS WASTE MANAGEMENT FACILITIES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The Legislature finds and declares that it is in the public interest to ensure the public health, safety and welfare by establishing prudent standards for the siting of hazardous waste management facilities. The Legislature further finds and declares that the Capacity Assurance Plan process which was the cornerstone for a rational, reasonable and prudent policy for the management of hazardous wastes and the siting of hazardous waste management facilities has been negated by state court decisions and subsequent federal findings on national capacity. Conformance with the Capacity Assurance Plan was the first of five (5) factors to be considered by the permit board when evaluating the need for a proposed hazardous waste management facility. The Capacity Assurance Plans have been invalidated by the state courts and the United States Environmental Protection Agency has declared that there is adequate national capacity in all hazardous waste management categories for twenty (20) years. The Legislature further finds and declares that to ensure Mississippi's hazardous waste management capacity and siting standards meet the needs of state and national capacity requirements; to develop a coordinated and comprehensive hazardous waste management policy; to prevent a proliferation of unnecessary hazardous waste management facilities and to give the Department of Environmental Quality and the Legislature time to develop adequate standards to replace the Capacity Assurance Plan process, there is a need to place a moratorium on the siting and issuance of permits for new commercial hazardous waste management facilities.
SECTION 2. (1) To ensure the protection of the health, safety and welfare of the people of the State of Mississippi; to allow the development and implementation of a coordinated and comprehensive hazardous waste management policy and to develop adequate standards to assess the siting of hazardous waste management facilities, there is hereby imposed a moratorium on the processing and issuance of permits for new commercial off-site multiuser hazardous waste management facilities.
(2) The moratorium imposed by this section shall not apply to permits issued to a generator for the on-site management of hazardous waste generated by the generator.
SECTION 3. This act shall take effect and be in force from and after its passage.