MISSISSIPPI LEGISLATURE

2004 Regular Session

To: Environment Prot, Cons and Water Res

By: Senator(s) Ross

Senate Bill 2996

AN ACT TO REPEAL SECTION 41-67-4, MISSISSIPPI CODE OF 1972, WHICH REQUIRES THE COMMISSION ON ENVIRONMENTAL QUALITY TO DETERMINE THE FEASIBILITY OF ESTABLISHING COMMUNITY SEWERAGE SYSTEMS UNDER THE INDIVIDUAL ON-SITE WASTEWATER DISPOSAL SYSTEMS LAW; TO AMEND SECTION 41-67-2, MISSISSIPPI CODE OF 1972, TO CONFORM BY DELETING REFERENCES TO THE COMMISSION ON ENVIRONMENTAL QUALITY; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 41-67-4, Mississippi Code of 1972, which requires the Commission on Environmental Quality to determine the feasibility of establishing community sewerage systems under the individual on-site wastewater disposal systems law is repealed.

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

     41-67-2.  For purposes of this chapter, the following words shall have the meanings ascribed herein unless the context clearly indicates otherwise:

          (a)  "Board" means the Mississippi State Board of Health.

 * * *

          (b)  "Department" means the Mississippi State Department of Health.

          (c)  "Generator" means any person whose act or process produces sewage or other material suitable for disposal in an individual on-site wastewater disposal system.

          (d)  "Individual on-site wastewater disposal system" means an approved method of sewage disposal designed and installed in accordance with this law, and regulations of the board * * *.

          (e)  "Person" means any individual, trust, firm, joint-stock company, public or private corporation (including a government corporation), partnership, association, state, or any agency or institution thereof, municipality, commission, political subdivision of a state or any interstate body, and includes any officer or governing or managing body of any municipality, political subdivision, or the United States or any officer or employee thereof.

          (f)  "Professional engineer" means any person who has met the qualifications required under Section 73-13-23(1) and who has been issued a certificate of registration as a professional engineer.

          (g)  "Property of the generator" means land owned by or under permanent legal easement or lease to the generator. 

          (h)  "Subdivision" means any land that is divided into ten (10) or more lots, tracts, sites or parcels for the purpose of residential development.

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