MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Local and Private

By: Senator(s) Hamilton

AN ACT TO AUTHORIZE THE BOARD OF SUPERVISORS OF OKTIBBEHA COUNTY, MISSISSIPPI, TO ENTER INTO WRITTEN LOCAL GOVERNMENT GUARANTEES IN ORDER TO ENSURE THE AVAILABILITY OF FINANCIAL RESOURCES NECESSARY FOR THE CLOSURE, POST-CLOSURE MONITORING AND REMEDIATION OF THE GOLDEN TRIANGLE REGIONAL SOLID WASTE MANAGEMENT AUTHORITY LANDFILL; TO PROVIDE FOR THE REQUIREMENTS OF SUCH WRITTEN LOCAL GOVERNMENT GUARANTEE; AND FOR RELATED PURPOSES. 

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

SECTION 1. As used in this act, the following terms shall have meanings ascribed in this section unless otherwise clearly indicated by the context in which they are used:

(a) "Authority" means the Golden Triangle Regional Solid Waste Management Authority.

(b) "Board of supervisors" means the Board of Supervisors of Oktibbeha County, Mississippi.

(c) "County" means Oktibbeha County, Mississippi.

SECTION 2. (1) In order to ensure the availability of financial resources necessary for closure, post-closure monitoring and remediation of the Golden Triangle Regional Solid Waste Management Authority landfill, the board of supervisors of the county, as a member of the authority, may, by resolution duly adopted and entered on the minutes of the board of supervisors, provide the Mississippi Department of Environmental Quality a written local government guarantee as provided in this act.

(2) The written local government guarantee executed by the board of supervisors must be approved by resolution duly adopted and entered on the minutes of the board of supervisors and such guarantee shall provide that:

(a) As a member of the authority, the county shall be responsible for its pro rata share of any costs of closure, post-closure monitoring and remediation of the landfill incurred by the authority during the time of the county's membership in the authority.

(b) If an insufficient amount of funds is available, at the time of closure of the landfill, to pay the costs of closure, post-closure monitoring and remediation of the landfill, the county shall (i) pay its pro rata share of such costs to the authority, (ii) pay, as may be directed by the Mississippi Department of Environmental Quality, a third party to perform such closure, post-closure monitoring and remediation, or (iii) secure its pro rata share of any borrowing made by the authority for purposes of such closure, post-closure monitoring and remediation, by pledging future solid waste fees or revenues or any part of the homestead exemption annual tax loss reimbursement to which the county may be entitled under Section 27-33-77, Mississippi Code of 1972.

(3) Any funds borrowed by the authority for the purposes of closure, post-closure monitoring and remediation of the landfill shall automatically become an indebtedness of the county and shall be repaid immediately on a pro rata basis by the county from any available funds of the county or by a pledge of (a) future solid waste fees and revenues collected and/or (b) any part of the homestead exemption annual tax loss reimbursement to which the county may be entitled under Section 27-33-77, Mississippi Code of 1972.

SECTION 3. The authority provided in this act shall be in addition to and supplemental to any other authority provided by law.

SECTION 4. This act shall take effect and be in force from and after its passage.