1997 Regular Session
To: Environment Prot, Cons and Water Res
By: Senator(s) Cuevas
Senate Bill 2798
AN ACT TO AMEND SECTION 17-17-229, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT NONHAZARDOUS SOLID WASTE LANDFILLS SHALL NOT EXCEED A CERTAIN HEIGHT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 17-17-229, Mississippi Code of 1972, is amended as follows:
17-17-229. (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 or region which is not consistent with a county or regional nonhazardous solid waste management plan.
Each application for a permit shall contain a demonstration of need which shall include the following:
(a) Verification that the facility for which the permit is sought meets the twenty-year capacity needs identified in the county or regional nonhazardous solid waste management plan which shall take into account the quantities of municipal solid waste generated and the design capacities of existing facilities;
(b) Certification that the facility for which the permit is sought complies with local land use and zoning requirements, if any;
(c) Demonstration that the host jurisdiction and the jurisdiction generating the solid waste destined for the applicant's facility are actively involved in, and have a strategy for, meeting the statewide waste minimization goal by January 1, 1996;
(d) Certification that the proposed service area of the facility is consistent with a local nonhazardous solid waste management plan; and
(e) The extent to which the proposed facility is needed to replace other facilities.
(2) The commission shall develop and adopt criteria and standards to be considered in location and permitting of nonhazardous solid waste management facilities by July 1, 1992. The standards and 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:
(a) Hydrological and geological factors such as floodplains, depth to water table, soil composition, and permeability, cavernous bedrock, seismic activity, and slope;
(b) Natural resources such as wetlands, endangered species habitats, proximity to parks, forests, wilderness areas and historical sites, and air quality;
(c) 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;
(d) Transportation factors, such as proximity to waste generators and to population, route safety and method of transportation; and
(e) Aesthetic factors such as the visibility, appearance and noise level of the facility.
(3) A nonhazardous solid waste landfill shall not exceed eighty-five (85) feet in height.
SECTION 2. This act shall take effect and be in force from and after July 1, 1997.