MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Conservation and Water Resources

By: Representative Ellington

AN ACT TO AMEND SECTION 17-17-65, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE USE OF FUNDS IN THE LOCAL GOVERNMENTS SOLID WASTE ASSISTANCE FUND FOR RIGHT-WAY-TO-THROW-AWAY PROGRAMS; TO AMEND SECTION 17-17-217, MISSISSIPPI CODE OF 1972, TO REVISE THE PERCENTAGE DISTRIBUTION OF FUNDS IN THE ENVIRONMENTAL PROTECTION TRUST FUND; TO INCREASE FROM 50% TO 75% THE PERCENTAGE ALLOCATED TO THE DEPARTMENT OF ENVIRONMENTAL QUALITY FOR ADMINISTRATION OF THE NONHAZARDOUS WASTE PROGRAM; TO REDUCE FROM 50% TO 25% THE PERCENTAGE ALLOCATED TO MAKING GRANTS FOR HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAMS; TO AMEND SECTION 17-17-219, MISSISSIPPI CODE OF 1972, TO REVISE THE PERCENTAGE DISTRIBUTION OF THE STATE SOLID WASTE MANAGEMENT FEE; TO DECREASE FROM 50% TO 45% THE PERCENTAGE ALLOCATED FOR THE NONHAZARDOUS SOLID WASTE CORRECTIVE ACTION TRUST FUND; TO INCREASE FROM 15% TO 20% THE PERCENTAGE ALLOCATED TO THE ENVIRONMENTAL PROTECTION TRUST FUND; TO DECREASE FROM $5,000,000.00 TO $3,500,000.00 THE AMOUNT OF THE BALANCE OVER WHICH FUNDS WILL BE TRANSFERRED FROM THE NONHAZARDOUS SOLID WASTE CORRECTIVE ACTION TRUST FUND TO THE LOCAL GOVERNMENTS SOLID WASTE ASSISTANCE FUND; TO PROVIDE THAT WHEN THE BALANCE IN THE MISSISSIPPI NONHAZARDOUS SOLID WASTE CORRECTIVE TRUST FUND FALLS BELOW $2,000,000.00, THE DEPARTMENT OF ENVIRONMENTAL QUALITY SHALL REDUCE PAYMENTS TO THE LOCAL GOVERNMENTS SOLID WASTE ASSISTANCE FUND TO TWO-THIRDS OF THE FUNDS ALLOCATED TO THE NONHAZARDOUS SOLID WASTE CORRECTIVE ACTION TRUST FUND; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 17-17-65, Mississippi Code of 1972, is amended as follows:

17-17-65. (1) There is created in the State Treasury a fund designated as the Local Governments Solid Waste Assistance Fund, referred to in this section as "fund," to be administered by the executive director of the department.

(2) The fund shall be used to provide grants to counties, municipalities, regional solid waste management authorities or multi-county entities as provided in subsection (4) of this section for one or more of the following purposes:

(a) Cleanup of existing and future unauthorized dumps on public or private property, subject to the limitation in subsection (3) of this section;

(b) Establishment of a collection center or program for white goods, recyclables or other bulky rubbish waste not managed by local residential solid waste collection programs;

(c) Provision of public notice and education related to the proper management of solid waste, including recycling;

(d) Payment of a maximum of fifty percent (50%) of the cost of employing a local solid waste enforcement officer; * * *

(e) Payment of a maximum of seventy-five percent (75%) of the cost of conducting household hazardous waste collection programs in accordance with Sections 17-17-439 through 17-17-445; and

(f) Development of other local solid waste management program activities associated with the prevention, enforcement or abatement of unauthorized dumps, as approved by the commission.

(3) If a person is found to be responsible for creating an unauthorized dump, the grantee shall make a reasonable effort to require that person to clean up the property before expending any monies from the fund to clean up the property. If the grantee is unable to locate the person responsible for creating the dump, or if the grantee determines that person is financially or otherwise incapable of cleaning up the property, the grantee may use the monies from the fund to clean up the property and shall make a reasonable effort to recover from the responsible person any funds expended.

(4) (a) Of monies annually deposited in the fund and any balance remaining in the fund, the commission shall annually allocate monies as follows:

(i) One-half (1/2) of the deposited funds and remaining balance shall be allocated to each county based on the percentage of State Aid road mileage as established by the Mississippi Department of Transportation State Aid road formula.

(ii) One-half (1/2) of the deposited funds and remaining balance shall be made available to counties or municipalities for grants on a competitive basis.

(b) The department shall notify the president of the board of supervisors of each county in writing of the amount allocated under paragraph (a)(i) of this subsection and that additional funds are available on a competitive basis as provided under paragraph (a)(ii) of this subsection.

(c) Upon receipt of a scope of work and cost proposal acceptable to the commission, the commission shall award a grant to a county up to the allocated amount for that county under paragraph (a)(i) of this subsection. The commission may award additional grant funds from monies available under paragraph (a)(ii) of this subsection based upon the acceptable scope of work and cost proposal.

(d) The commission may award grants to a regional solid waste management authority or other multi-county entity upon submission of a consolidated scope of work and cost proposal acceptable to the commission and authorized by the member counties. Upon submission of a scope of work and cost proposal, the commission may award grants to municipalities from monies available under paragraph (a)(ii) of this subsection.

(e) No grantee shall use more than three percent (3%) of funds provided under this section to defray the costs of administration of the grant.

(5) The department may use up to three percent (3%) of monies annually deposited in the fund and of any balance remaining in the fund to provide for the administration of this section.

(6) Expenditures may be made from the fund upon requisition by the executive director of the department.

(7) The fund shall be treated as a special trust fund. Interest earned on the principal in the fund shall be credited by the department to the fund.

(8) The fund may receive monies from any available public or private source, including, but not limited to, collection of fees, interest, grants, taxes, public and private donations, judicial actions and appropriated funds.

(9) Monies in the fund at the end of the fiscal year shall be retained in the fund for use in the succeeding fiscal year.

(10) The commission may consolidate any grant provided under this section with any grant provided under the waste tire management program or the right-way-to-throw-away program. Funds provided through any consolidated grant shall be used in accordance with the program under which the funds are provided.

(11) Funds provided under this section shall not be used to pay any costs of the establishment or operation of a landfill, rubbish disposal site or other type of solid waste disposal facility, for the routine collection of garbage or to collect any fees assessed under Section 19-5-21 or 21-19-2.

(12) The commission shall not provide any funds under this section to any grantee with an inadequate garbage or rubbish collection or disposal system as required under Section 19-5-17 or 21-19-1.

SECTION 2. Section 17-17-217, Mississippi Code of 1972, is amended as follows:

17-17-217. (1) There is * * * created in the State Treasury a fund * * * designated as the Environmental Protection Trust Fund, to be administered by the executive director of the department * * *.

(2) The Commission on Environmental Quality shall promulgate rules and regulations for the administration of the fund and for a system of priorities for any related projects or programs eligible for funding from the fund.

(3) The commission may utilize any funds in the Environmental Protection Fund for the following purposes:

(a) Not more than seventy-five percent (75%) shall be utilized for defraying the costs of the Department of Environmental Quality for administering the nonhazardous waste program, including the development of the state nonhazardous solid waste management plan as authorized by law;

(b) Not more than twenty-five percent (25%) shall be utilized for making grants to regional solid waste management authorities, counties and municipalities for implementation of household hazardous waste collection programs, in accordance with Sections 17-17-439 through 17-17-445. The grants shall not exceed seventy-five percent (75%) of eligible project costs as established by the commission.

(4) Expenditures may be made from the fund upon requisition by the executive director of the department.

(5) The fund shall be treated as a special trust fund. Interest earned on the principal in the fund shall be credited by the department to the fund.

(6) The fund may receive monies from any available public or private source, including, but not limited to, collection of fees, interest, grants, taxes, public and private donations, petroleum violation escrow funds or refunds, and appropriated funds.

SECTION 3. Section 17-17-219, Mississippi Code of 1972, is amended as follows:

17-17-219. (1) Before July 15 of each year the operator of a commercial nonhazardous solid waste management facility managing municipal solid waste shall file with the State Tax Commission and the department a statement, verified by oath, showing the total amounts of nonhazardous solid waste managed at the facility during the preceding calendar year, and shall at the same time pay to the State Tax Commission One Dollar ($1.00) per ton of municipal solid waste generated and managed in the state by landfilling or incineration, including waste-to-energy management. The fee shall not be levied upon rubbish which is collected and disposed separately from residential or household waste and which is not managed for compensation. For ash and sludges which contain a significant amount of water, the fee may be calculated on a dry ton basis.

(2) (a) Before July 15 of each year, the operator of a commercial nonhazardous solid waste management facility managing municipal solid waste shall file with the State Tax Commission and the department a statement, verified by oath, showing the total amounts of solid waste received from out of state and managed at the facility during the preceding calendar year.

(b) Before July 15 of each year, the operator of a commercial nonhazardous solid waste management facility managing municipal solid waste located in this state shall pay to the State Tax Commission an amount equal to the greater of the per-ton fee imposed on the management of out-of-state nonhazardous solid waste by the state from which the nonhazardous solid waste originated or the per-ton fee, if any, imposed on the management of nonhazardous solid waste by this state. The sum shall be based on the total amounts of nonhazardous solid waste managed at the facility during the preceding calendar year and shall be paid to the State Tax Commission at the same time that reports are filed under subsection (2)(a) of this section.

(3) (a) Except as provided in subsection (7) of this section, all monies received by the State Tax Commission as provided in this chapter shall be allocated as follows:

(i) Forty-five percent (45%) shall be remitted to the Mississippi Nonhazardous Solid Waste Corrective Action Trust Fund;

(ii) Thirty-five percent (35%) shall be remitted to the Multimedia Pollution Prevention Fund; and

(iii) Twenty percent (20%) shall be remitted to the Environmental Protection Trust Fund.

(b) To provide for the maximum effective use of monies collected under this section, the commission, upon determination that unused funds are available from subparagraph (ii), may reallocate those funds to subparagraph (iii).

(4) All administrative provisions of the Mississippi Sales Tax Law, including those which fix damages, penalties and interest for nonpayment of taxes and for noncompliance with the provisions of such chapter, and all other duties and requirements imposed upon taxpayers, shall apply to all persons liable for fees under the provisions of this chapter, and the Tax Commissioner shall exercise all the power and authority and perform all the duties with respect to taxpayers under this chapter as are provided in the Mississippi Sales Tax Law except where there is a conflict, then the provisions of this chapter shall control.

(5) (a) The operator of a commercial nonhazardous solid waste management facility managing municipal solid waste shall keep an accurate written daily record of deliveries of solid waste to the facility as required by the department, including, but not limited to, the name of the hauler, the source of the waste, the types of waste received and the weight of solid waste measured in tons received at the facility. A copy of these records shall be maintained at the site by the operator and shall be made available to the department for inspection upon request.

(b) The operator shall file with the department annually, on such forms as the department may prescribe, a report providing aggregate information on the types, amounts and sources of waste received at the facility during the preceding calendar year. The State Tax Commission and the department shall share information provided under this section.

(6) This section shall become effective on January 1 following the publication of the final Subtitle D regulations in the Federal Register.

(7) When the unobligated balance in the Mississippi Nonhazardous Solid Waste Corrective Action Trust Fund reaches or exceeds Three Million Five Hundred Thousand Dollars ($3,500,000.00), the department shall pay funds allocated under Section 17-17-219(3)(a)(i) to the Local Governments Solid Waste Assistance Fund created under Section 17-17-65 on the next scheduled payment date. After July 1, 2000, the department may transfer any unobligated balance in the Mississippi Nonhazardous Solid Waste Corrective Action Trust Fund exceeding Three Million Five Hundred Thousand Dollars ($3,500,000.00) to the Local Governments Solid Waste Assistance Fund. When the unobligated balance is reduced below Two Million Dollars ($2,000,000.00), the department shall reduce payments to the Local Governments Solid Waste Assistance Fund to two-thirds (2/3) of the funds allocated under Section 17-17-219(3)(a)(i) and shall pay the remaining one-third (1/3) of the funds allocated under Section 17-17-219(3)(a)(i) to the Mississippi Nonhazardous Solid Waste Corrective Action Trust Fund until the time as that fund balance reaches or exceeds Three Million Five Hundred Thousand Dollars ($3,500,000.00).

SECTION 4. This act shall take effect and be in force from and after July 1, 2000.