MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Conservation and Water Resources

By: Representative Barnett (116th)

AN ACT TO REQUIRE LOCAL GOVERNING AUTHORITIES TO ADVERTISE THEIR INTENT TO CONSTRUCT OR ACQUIRE A SANITARY LANDFILL; TO PRESCRIBE THE ADVERTISING PROCEDURE AND THE CONTENTS OF THE ADVERTISEMENT; TO REQUIRE LOCAL GOVERNING AUTHORITIES TO HOLD A PUBLIC HEARING ON A PROPOSED SANITARY LANDFILL; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) Before authorizing the construction or acquisition of any sanitary landfill, the local governing authority of the area to be served by the landfill shall advertise its intention to do so in accordance with the following procedure:

(a) The local governing authority shall advertise its intent to authorize the construction or acquisition of a sanitary landfill in a newspaper of general circulation in the area to be served by the landfill. The advertisement shall be no less than one-fourth (1/4) page in size, and the type used shall be no smaller than eighteen (18) point and surrounded by a one-fourth-inch solid black border. The advertisement may not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The advertisement must appear in a newspaper that is published at least five (5) days a week, unless the only newspaper in the area is published less than five (5) days a week. The newspaper selected must be one of general interest and readership in the community, and not one of limited subject matter. The advertisement shall be run once each week for the two (2) weeks preceding the official action of the governing authority authorizing the construction or acquisition of the sanitary landfill. The advertisement shall state that the local governing authority shall meet on a certain day, time and place fixed in the advertisement, which shall be not less than seven (7) days after the day the first advertisement is published, for the purpose of hearing comments regarding the proposed construction or acquisition of the sanitary landfill and to explain the reasons for the proposed landfill.

(b) The form and content of the advertisement shall be as follows:

The (name of governing authority) has proposed to construct/acquire a sanitary landfill for the disposal of garbage and rubbish for the residents of (area to be served by sanitary landfill). The proposed sanitary landfill will be located at (street address or description of location of sanitary landfill). All concerned citizens are invited to attend a public hearing on the proposed sanitary landfill to be held on (date and time) at (meeting place).

A final decision on the proposed construction/acquisition of the sanitary landfill will be made on (date and time) in a public hearing to be held at (meeting place)."

(2) After the hearing has been held in accordance with the procedures established under subsection (1) of this section, the local governing authority may take official action authorizing the construction or acquisition of the sanitary landfill.

(3) All hearings shall be open to the public. The local governing authority shall permit all interested parties desiring to be heard an opportunity to present oral testimony within reasonable time limits.

SECTION 2. Section 1 of this act shall be codified as a separate section in Chapter 17, Title 17, Mississippi Code of 1972.

SECTION 3. This act shall take effect and be in force from and after July 1, 1998.