MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Environment Prot, Cons and Water Res

By: Senator(s) Dearing

Senate Bill 2937

(As Sent to Governor)

AN ACT TO AMEND SECTION 51-3-15, MISSISSIPPI CODE OF 1972, TO ALLOW THE PERMIT BOARD TO AUTHORIZE THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF ENVIRONMENTAL QUALITY TO MAKE CERTAIN DECISIONS REGARDING PERMIT ISSUANCE, REISSUANCE, DENIAL, MODIFICATION OR REVOCATION OF WATER WELL PERMITS ON BEHALF OF IT, TO CLARIFY THE PERMIT BOARD'S RULE-MAKING AUTHORITY, TO CONFORM PUBLIC HEARING AND APPEALS PROCEDURES TO THOSE USED UNDER SECTION 49-17-29, MISSISSIPPI CODE OF 1972, AND TO MAKE NUMEROUS TECHNICAL AND CONFORMING AMENDMENTS; AND FOR RELATED PURPOSES. 

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

SECTION 1. Section 51-3-15, Mississippi Code of 1972, is amended as follows:

51-3-15. (1) The * * * board * * * shall serve as the permitting authority for this chapter. The board may adopt rules of practice and procedure governing its proceedings and forms as it deems necessary consistent with the regulations of the commission to carry out its permitting duties under this chapter. The board, under any conditions as the board may prescribe, may authorize the Executive Director of the Department of Environmental Quality to make decisions on permit issuance, reissuance, denial, modification and revocation. A decision by the executive director shall be a decision of the board and shall be subject to formal hearing and appeal as provided in Section 49-17-29. The executive director shall report all permit decisions to the board at its next regularly scheduled meeting and those decisions shall be recorded in the minutes of the board.

(2) The board may:

(a) Issue or reissue any permit under those conditions and limitations consistent with the regulations of the commission and as it reasonably deems necessary to effectuate the purposes of this chapter.

(b) Issue or reissue any temporary or emergency permit for any period of time specified by the board * * * where conditions make a temporary or emergency permit essential.

(c) Modify or revoke any permit upon not less than sixty (60) days' written notice to the permittee affected.

(d) Revoke any permit as the board deems appropriate for failure to adhere to permit conditions * * *.

(e) Deny the issuance, reissuance or modification of any permit if the proposed use is found to be contrary to public interest. * * *

(f) Delegate authority to any joint water management district to receive, investigate and make recommendations to the * * * board regarding applications for permits required under this chapter.

(g) Require all abandoned bore holes and wells more than twenty-five (25) feet deep to be properly plugged to prevent groundwater contamination.

(3) The board may hold a public hearing regarding its proposed action on any permit under this chapter as provided in Section 49-17-29. Any interested party aggrieved by an action of the board may appeal that action as provided in Section 49-17-29.

SECTION 2. This act shall take effect and be in force from and after July 1, 1998.