MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Environment Prot, Cons and Water Res

By: Senator(s) Cuevas

Senate Bill 2935

AN ACT TO AMEND SECTION 41-67-6, MISSISSIPPI CODE OF 1972, TO REQUIRE THE DEPARTMENT OF HEALTH TO EVALUATE INDIVIDUAL ON-SITE WASTEWATER DISPOSAL SYSTEMS APPROVED BY ENGINEER FOR INCLUSION ON LIST OF SYSTEMS SUITABLE FOR USE IN THE AREA; TO AMEND SECTION 41-67-16, MISSISSIPPI CODE OF 1972, TO REQUIRE THE DEPARTMENT OF HEALTH TO UPDATE ITS STUDY OF RECOMMENDED SYSTEMS; AND FOR RELATED PURPOSES. 

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

SECTION 1. Section 41-67-6, Mississippi Code of 1972, is amended as follows:

41-67-6. (1) Within five (5) working days following receipt of the notice of intent and plot plan by an owner, lessee or developer of any lot or tract of land, the department shall conduct a soil and site evaluation, except in cases where a professional engineer provides services relating to the design, construction or installation of an individual on-site wastewater disposal system to comply with this chapter. Within ten (10) additional working days, the department shall make recommendations to the owner, lessee or developer of the type or types of individual on-site wastewater disposal systems suitable for installation on the lot or tract, unless there are conditions requiring further investigation that are revealed in the initial evaluation. To the extent practicable, the recommendations shall give the owner, lessee or developer maximum flexibility and a maximum number of options consistent with the federal Clean Water Act, consistent with maintaining the wastes on the property of the generator except as authorized under Section 41-67-8, and consistent with protection of the public health. The system or systems recommended shall be environmentally sound and cost-effective. The department or a professional engineer shall provide complete information, including all applicable requirements and regulations on all systems recommended. The department shall evaluate any system designed, constructed or installed by a professional engineer under Section 41-67-3 to determine if that system can be added to the list of individual on-site wastewater systems suitable for installation in that area. The owner, lessee or developer shall have the right to choose among systems. The department shall provide the owner, lessee or developer with a form that specifies all types of individual on-site wastewater disposal systems that are suitable for installation on the lot or tract and lists all installers of those systems that are certified by the department. Approval of the design, construction or installation of an individual on-site wastewater disposal system by the department is not required. If any property owner, lessee or the owner's or lessee's lending institution requests the department to approve the design, construction or installation of any system on the owner's or lessee's property, the department shall approve the design, construction or installation of that system, as requested, if the system is designed, constructed and installed, as the case may be, in accordance with the rules and regulations of the board. The department shall not approve any individual on-site wastewater disposal system that has a direct or point source discharge, unless the Permit Board has issued a permit for that system under Section 41-67-8.

(2) Evaluations and recommendations for a subdivision shall not be subject to the time constraints in this section.

(3) If the department has been requested to approve the design, construction or installation of an individual on-site wastewater disposal system, an installer may not begin the design, construction or installation of the individual on-site wastewater disposal system, unless the installer notifies the department of the date on which the installer plans to begin work on the system.

(4) A person may not design, construct or install, or cause to be designed, constructed or installed, an individual on-site wastewater disposal system that does not comply with this chapter and rules and regulations of the board.

(5) Any person who installs an individual on-site wastewater disposal system shall sign and file with the department an affidavit that the system was installed in compliance with all requirements and regulations applicable to that type of system. If any person or contractor fails to comply with all requirements and regulations in the installation of the system, the board, after due notice and hearing, may levy an administrative fine not to exceed One Thousand Dollars ($1,000.00).

(6) Any provisions of this chapter regarding the department's approval of the design, construction and installation of an individual on-site wastewater disposal system shall not apply to a residence, building or facility that is located on a land tract that is two (2) acres or larger.

SECTION 2. Section 41-67-16, Mississippi Code of 1972, is amended as follows:

41-67-16. (1) Before January 1, 1997, the department shall conduct a study of all individual on-site wastewater disposal systems currently being recommended for use in the state to determine the suitability of using those systems on lots or tracts in areas of the state given the various soil types and classifications. In conducting the study, the department shall consider the type of system, lot size, effluent quality and other recommended limitations which should be placed on the use of each system.

(2) The department shall prepare and submit a report to the Governor and the Legislature describing the results of its study.

(3) The department shall evaluate individual on-site wastewater disposal systems approved by a professional engineer under Section 41-67-3 to determine if systems may be included on the list of recommended systems.

SECTION 3. This act shall take effect and be in force from and after its passage.