MISSISSIPPI LEGISLATURE
2005 Regular Session
To: Conservation and Water Resources
By: Representative Franks
AN ACT TO CREATE THE RECYCLING ACT OF 2005; TO BRING FORWARD SECTION 17-17-3, MISSISSIPPI CODE OF 1972, RELATING TO DEFINITIONS OF SOLID WASTES DISPOSAL; TO BRING FORWARD SECTION 17-17-5, MISSISSIPPI CODE OF 1972, RELATING TO THE RESPONSIBILITY OF LOCAL GOVERNING BODIES IN THE DISPOSAL OF SOLID WASTES; TO BRING FORWARD SECTION 17-17-33, MISSISSIPPI CODE OF 1972, RELATING TO THE AUTHORIZATION TO PARTICIPATE IN REGIONAL SOLID WASTE DISPOSAL AND RECOVERY SYSTEMS; TO BRING FORWARD SECTION 17-17-65, MISSISSIPPI CODE OF 1972, RELATING TO THE LOCAL GOVERNMENTS SOLID WASTE ASSISTANCE FUND; TO BRING FORWARD SECTION 17-17-101, MISSISSIPPI CODE OF 1972, RELATING TO THE LEGISLATIVE INTENT OF SUCH FUND; TO BRING FORWARD SECTION 17-17-103, MISSISSIPPI CODE OF 1972, RELATING TO THE DEFINITIONS FOR SUCH FUND; TO BRING FORWARD SECTION 17-17-107, MISSISSIPPI CODE OF 1972, RELATING TO THE ISSUANCE OF REVENUE BONDS; TO BRING FORWARD SECTION 17-17-203, MISSISSIPPI CODE OF 1972, RELATING TO THE INTENT FOR THE NONHAZARDOUS SOLID WASTE PLANNING ACT; TO BRING FORWARD SECTION 17-17-205, MISSISSIPPI CODE OF 1972, RELATING TO DEFINITIONS; TO BRING FORWARD SECTION 17-17-207, MISSISSIPPI CODE OF 1972, RELATING TO THE IMPRINTING OF PLASTIC BOTTLES; TO BRING FORWARD SECTION 17-17-209, MISSISSIPPI CODE OF 1972, RELATING TO THE IMPOSITION OF DEPOSITS ON BOTTLES AND CONTAINERS; TO BRING FORWARD SECTION 17-17-213, MISSISSIPPI CODE OF 1972, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF ENVIRONMENTAL QUALITY TO CREATE RULES; TO BRING FORWARD SECTION 17-17-217, MISSISSIPPI CODE OF 1972, RELATING TO THE ENVIRONMENTAL PROTECTION TRUST FUND; TO BRING FORWARD SECTION 17-17-219, MISSISSIPPI CODE OF 1972, RELATING TO THE FILING BY OWNERS WHO MANAGE MUNICIPAL SOLID WASTE; TO BRING FORWARD SECTION 17-17-221, MISSISSIPPI CODE OF 1972, RELATING TO THE DEVELOPMENT AND ADMINISTRATION OF STATE NONHAZARDOUS SOLID WASTE MANAGEMENT; TO BRING FORWARD SECTION 17-17-227, MISSISSIPPI CODE OF 1972, RELATING TO COUNTY ADOPTION OF LOCAL NONHAZARDOUS WASTE; TO BRING FORWARD SECTION 17-17-231, MISSISSIPPI CODE OF 1972, RELATING TO THE ADOPTION OF RULES AND REGULATIONS GOVERNING MUNICIPAL SANITARY LANDFILLS; TO BRING FORWARD SECTION 49-31-9, MISSISSIPPI CODE OF 1972, RELATING TO DEFINITIONS OF THE MULTIMEDIA POLLUTION PREVENTION ACT; TO BRING FORWARD SECTION 49-31-11, MISSISSIPPI CODE OF 1972, RELATING TO THE RULES AND REGULATIONS OF SUCH ACT; TO BRING FORWARD SECTION 49-31-13, MISSISSIPPI CODE OF 1972, RELATING TO THE STATUS OF POLLUTION ACTIVITIES; TO BRING FORWARD SECTION 49-31-15, MISSISSIPPI CODE OF 1972, RELATING TO THE ESTABLISHMENT OF RECYCLING PROGRAMS AND SOURCE REDUCTION PROGRAMS; TO AMEND SECTION 49-31-17, MISSISSIPPI CODE OF 1972, RELATING TO THE PROMOTION OF THE RECYCLING INDUSTRY; TO BRING FORWARD SECTION 49-31-19, MISSISSIPPI CODE OF 1972, RELATING TO THE DEVELOPMENT OF A WASTE MINIMIZATION AWARENESS PROGRAM; TO BRING FORWARD SECTION 49-31-21, MISSISSIPPI CODE OF 1972, RELATING TO GENERATORS OF HAZARDOUS WASTE FILING REQUIREMENTS; TO BRING FORWARD SECTION 49-31-25, MISSISSIPPI CODE OF 1972, RELATING TO THE POLLUTION PREVENTION FEE; FOR PURPOSES OF AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 17-17-3, Mississippi Code of 1972, is brought forward as follows:
17-17-3. For purposes of this chapter, the following words shall have the definitions ascribed herein unless the context requires otherwise:
(a) "Agency" means any controlling agency, public or private, elected, appointed or volunteer, controlling and supervising the collection and/or disposal of solid wastes.
(b) "Ashes" means the solid residue from burning of wood, coal, coke or other combustible materials used for heating, or from incineration of solid wastes, but excepting solid residue the storage or disposition of which is controlled by other agencies.
(c) "Commercial hazardous waste management facility" means any facility engaged in the storage, treatment, recovery or disposal of hazardous waste for a fee and which accepts hazardous waste from more than one (1) generator. A facility (i) which is designed principally for treatment of aqueous hazardous wastes and residue; and (ii) which is situated within an industrial park or area; and (iii) which disposes of no hazardous waste within the State of Mississippi shall not constitute a commercial hazardous waste management facility for purposes of Section 17-17-151(3)(a) only.
(d) "Commercial nonhazardous solid waste management facility" means any facility engaged in the storage, treatment, processing or disposal of nonhazardous solid waste for compensation or which accepts nonhazardous solid waste from more than one (1) generator not owned by the facility owner.
(e) "Commercial oil field exploration and production waste disposal" means storage, treatment, recovery, processing, disposal or acceptance of oil field exploration and production waste from more than one (1) generator or for a fee.
(f) "Commercial purpose" means for the purpose of economic gain.
(g) "Commission" means the Mississippi Commission on Environmental Quality.
(h) "Composting or compost plant" means an officially controlled method or operation whereby putrescible solid wastes are broken down through microbic action to a material offering no hazard or nuisance factors to public health or well-being.
(i) "Department" means the Mississippi Department of Environmental Quality.
(j) "Disposal" means the discharge, deposit, injection, dumping, spilling, leaking or placing of any solid waste or hazardous waste into or on any land or water so that such solid waste or hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including groundwaters.
(k) "Executive director" means the Executive Director of the Mississippi Department of Environmental Quality.
(l) "Garbage" means putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food, including wastes from markets, storage facilities, handling and sale of produce and other food products, and excepting such materials that may be serviced by garbage grinders and handled as household sewage.
(m) "Hazardous wastes" means any waste or combination of waste of a solid, liquid, contained gaseous, or semisolid form which because of its quantity, concentration or physical, chemical or infectious characteristics, may (i) cause, or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or (ii) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed which are listed by the Environmental Protection Agency as hazardous wastes which exceed the threshold limits set forth in the Environmental Protection Agency regulations for classifying hazardous waste. Such wastes include, but are not limited to, those wastes which are toxic, corrosive, flammable, irritants, strong sensitizers, or which generate pressure through decomposition, heat or other means. Such wastes do not include those radioactive materials regulated pursuant to the Mississippi Radiation Protection Law of 1976, appearing in Section 45-14-1 et seq.
(n) "Hazardous waste management" means the systematic control of the collection, source separation, storage, transportation, processing, treatment, recovery and disposal of hazardous waste.
(o) "Head" means the head of the Office of Pollution Control of the Mississippi Department of Environmental Quality or his designee.
(p) "Health department" means the Mississippi State Health Department and every county or district health department. "Health officer" means the state or affected county health officer or his designee.
(q) "Manifest" means the form used for identifying the quantity, composition, origin, routing and destination of hazardous waste during its transport.
(r) "Office" means the Office of Pollution Control of the Mississippi Department of Environmental Quality.
(s) "Open dump" means any officially recognized place, land or building which serves as a final depository for solid wastes, whether or not burned or buried, which does not meet the minimum requirements for a sanitary landfill, except approved incinerators, compost plants and salvage yards.
(t) "Permit board" means the permit board created by Section 49-17-28.
(u) "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.
(v) "Pollution Emergency Fund" means the fund created under Section 49-17-68.
(w) "Rubbish" means nonputrescible solid wastes (excluding ashes) consisting of both combustible and noncombustible wastes. Combustible rubbish includes paper, rags, cartons, wood, furniture, rubber, plastics, yard trimmings, leaves and similar materials. Noncombustible rubbish includes glass, crockery, metal cans, metal furniture and like materials which will not burn at ordinary incinerator temperatures (not less than 1600 degrees F.).
(x) "Sanitary landfill" means a controlled area of land upon which solid waste is deposited, and is compacted and covered with no on-site burning of wastes, and so located, contoured, drained and operated so that it will not cause an adverse effect on public health or the environment.
(y) "Solid wastes" means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility and other discarded material, including solid, liquid, semisolid or contained gaseous material resulting from industrial, commercial, mining and agricultural operations, and from community activities, but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under Section 402 of the Federal Water Pollution Control Act, as amended (86 Stat. 880), or source, special nuclear or by-product material as defined by the Atomic Energy Act of 1954.
(z) "Storage" means the containment of wastes, either on a temporary basis or for a period of years, except as provided in 40 C.F.R. 263.12, in such a manner as not to constitute disposal of such wastes.
(aa) "Transport" means the movement of wastes from the point of generation to any intermediate points, and finally to the point of ultimate storage or disposal.
(bb) "Treatment" means any method, technique or process, including neutralization, designed to change the physical, chemical or biological character or composition of any solid waste in order to neutralize such character or composition of any solid waste, neutralize such waste or render such waste, safer for transport, amenable for recovery, amenable for storage or reduced in volume.
(cc) "Treatment facility" means a location at which waste is subjected to treatment and may include a facility where waste has been generated.
(dd) "Unauthorized dump" means any collection of solid wastes either dumped or caused to be dumped or placed on any property either public or private, whether or not regularly used. An abandoned automobile, large appliance, or similar large item of solid waste shall be considered as forming an unauthorized dump within the meaning of this chapter, but not the careless, scattered littering of smaller individual items as tires, bottles, cans and the like. An unauthorized dump shall also mean any solid waste disposal site which does not meet the regulatory provisions of this chapter.
SECTION 2. Section 17-17-5, Mississippi Code of 1972, is brought forward as follows:
17-17-5. (1) After December 31, 1992, the board of supervisors and/or municipal governing body shall provide for the collection and disposal of garbage and the disposal of rubbish. The board of supervisors and/or municipal governing body may provide such collection or disposal services by contract with private or other controlling agencies, and the service may include house-to-house service or the placement of regularly serviced and controlled bulk refuse receptacles within reasonable distance from the farthest affected household, and the wastes disposed of in a manner acceptable to the department and within the meaning of this chapter. The board of supervisors and/or municipal governing body shall have the power to and are hereby authorized to enter into contracts related in any manner to the collection and transportation of solid wastes for a term of up to six (6) years and to enter into contracts related in any manner to the generation and sale of energy generated from solid waste, and contracts for treatment, processing, distribution, recycling, elimination or disposal of solid wastes for a term of up to thirty (30) years. The municipal governing body of any municipality is authorized to regulate the disposal of garbage and rubbish in sanitary landfills, as provided in Section 21-19-1, Mississippi Code of 1972.
(2) In the event an unincorporated area which is annexed by a municipality is being provided collection and disposal of garbage and rubbish under contract with private or other controlling agencies, the municipality shall annex the area subject to the contract for the remainder of the term of the contract, but not to exceed five (5) years.
SECTION 3. Section 17-17-33, Mississippi Code of 1972, is brought forward as follows:
17-17-33. Counties, municipal and private companies are hereby authorized to participate in applicable approved regional solid waste disposal and recovery systems.
SECTION 4. Section 17-17-65, Mississippi Code of 1972, is brought forward 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 multicounty entities as provided in subsection (5) 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 (4) 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) Distribution and use as 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; 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) The commission shall earmark ten percent (10%) of the amount deposited in the fund annually to be used to make grants to counties, municipalities, regional solid waste management authorities or multicounty entities to assist in defraying the cost of preparing solid waste management plans required by Section 17-17-227. The commission shall award these grants according to the merit of grant proposals received by the commission and the level of need and timeliness of the requirement for the county or regional solid waste management authority to update its solid waste management plan.
(4) 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.
(5) (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 multicounty 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.
(6) 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.
(7) Expenditures may be made from the fund upon requisition by the executive director of the department.
(8) 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.
(9) 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.
(10) Monies in the fund at the end of the fiscal year shall be retained in the fund for use in the succeeding fiscal year.
(11) 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.
(12) 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.
(13) 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 5. Section 17-17-101, Mississippi Code of 1972, is brought forward as follows:
17-17-101. It is the intent of the Legislature by the passage of Sections 17-17-101 through 17-17-135 to authorize municipalities to acquire, own and lease a project for the purpose of promoting the construction and installation of projects for the collection, treatment, processing, reprocessing, generation, distribution, recycling, elimination, or disposal of solid and hazardous waste products, as hereinafter defined, by inducing manufacturing and industrial enterprises, qualified persons, firms, or corporations to locate and construct said projects in this state. It is intended that each project be self-liquidating. Sections 17-17-101 through 17-17-135 shall be construed to conform with its intent. The powers hereby conferred upon the municipalities shall be exercised only after such municipality has obtained a certificate of public convenience and necessity from the Mississippi Board of Economic Development as provided in Sections 57-1-19, 57-1-21, 57-1-23 and 57-1-27; provided, however, that if a project is constructed solely with revenue bonds the board shall not be required to adjudicate that there are adequate property values and suitable financial conditions so that the total bonded indebtedness of the municipality, solely for the purposes authorized by Sections 17-17-101 through 17-17-135, shall not exceed twenty percent (20%) of the total assessed valuation of the property in the municipality.
SECTION 6. Section 17-17-103, Mississippi Code of 1972, is brought forward as follows:
17-17-103. Unless the context clearly requires otherwise, the definitions which follow govern the construction and meaning of the terms used in Sections 17-17-101 through 17-17-135:
(a) "Bonds" shall include notes, bonds and other written obligations authorized to be issued under Sections 17-17-101 through 17-17-135.
(b) "Governing board" shall mean the governing bodies of the several counties and incorporated municipalities of the state as now or hereafter constituted, acting jointly or severally, and in the event that a project is located in more than one (1) county, the term "governing board" shall also refer to the governing bodies of the several counties wherein such project is located.
(c) "Municipality" shall mean one or more counties or incorporated municipalities of this state, or any combination thereof, acting jointly or severally.
(d) "Project" shall mean any real, personal or mixed property of any and every kind that can be used or that will be useful in controlling, collecting, storing, removing, handling, reducing, disposing of, treating and otherwise concerning solid or hazardous waste, including without limitation, property that can be used or that will be useful in extracting and converting waste to energy, encompassing the acquisition, handling, storage, and utilization of coal, lignite or any other fuel or water that can be used or that will be useful in converting waste to energy, and distributing such energy to users thereof, or otherwise separating and preparing waste for reuse.
(e) "Solid wastes" shall mean any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility and other discarded material, including solid, liquid, semisolid or contained gaseous material resulting from industrial, commercial, mining and agricultural operations, and from community activities, but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under Section 402 of the Federal Water Pollution Control Act, as amended (86 Stat. 880), or source, special nuclear or by-product material as defined by the Atomic Energy Act of 1954.
(f) "Hazardous wastes" shall mean any waste or combination of waste of a solid, liquid, contained gaseous, or semisolid form which because of its quantity, concentration or physical, chemical or infectious characteristics, may (i) cause, or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or (ii) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed which are listed by the Environmental Protection Agency as hazardous wastes which exceed the threshold limits set forth in the Environmental Protection Agency regulations for classifying hazardous waste. Such wastes include, but are not limited to, those wastes which are toxic, corrosive, flammable, irritants, strong sensitizers, or which generate pressure through decomposition, heat or other means. Such wastes do not include those radioactive materials regulated pursuant to the Mississippi Radiation Protection Law of 1976, appearing in Section 45-14-1 et seq.
(g) "Industry" shall mean any person, firm or corporation operating any enterprise or facility for the collection, treatment, processing, reprocessing, generation, distributing, recycling, elimination or disposal of any type of waste product from which operation conditions result in or pose a substantial present, future or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of or otherwise managed.
(h) "Authority" shall mean the Mississipi Department of Natural Resources.
(i) "Lease/sale" shall mean any agreement without limitation whereby a municipality may lease and/or convey title of a project to an industry, made by and between the governing board and such industry by which such industry agrees to pay to (and to secure if so required) the municipality, or to any assignee thereof, as the case may be, the sums required to meet the payment of the principal, interest and redemption premium, if any, on any bonds, and/or the expenses, if any, of operation by such municipality or county.
(j) "Board" shall mean the Mississippi Board of Economic Development.
SECTION 7. Section 17-17-107, Mississippi Code of 1972, is brought forward as follows:
17-17-107. Before issuing any revenue bonds hereunder, the governing body of any municipality shall adopt a resolution declaring its intention to so issue, stating the amount of bonds proposed to be issued, the purpose for which the bonds are to be issued, and the date upon which the governing body proposes to direct the issuance of such bonds. Such resolution shall be published once a week for at least three (3) consecutive weeks in at least one (1) newspaper published in the county in which such municipality is located. The first publication of such resolution shall be made not less than twenty-one (21) days prior to the date fixed in such resolution for the issuance of the bonds and the last publication shall be made not more than seven (7) days prior to such date. If no newspaper be published in such county, then such notice shall be given by publishing the resolution for the required time in some newspaper having a general circulation in such county, and, in addition, by posting a copy of such resolution for at least twenty-one (21) days next preceding the date fixed therein at three (3) public places in such county. If twenty percent (20%) or fifteen hundred (1500), whichever is less, of the qualified electors of the municipality shall file a written protest against the issuance of such bonds on or before the date specified in such resolution, then an election on the question of the issuance of such bonds shall be called and held as herein provided. If no such protest be filed, then such bonds may be issued without an election at any time within a period of two (2) years after the date specified in the above-mentioned resolution. However, the governing body of such municipality, in its discretion, may nevertheless call an election on the question of the issuance of the bonds, in which event it shall not be necessary to publish the resolution declaring its intention to issue bonds as herein provided.
SECTION 8. Section 17-17-203, Mississippi Code of 1972, is brought forward as follows:
17-17-203. (1) The Legislature finds that:
(a) Over one million five hundred thousand (1,500,000) tons of municipal solid waste are generated in Mississippi each year of which an estimated fifty thousand (50,000) tons is not even collected for disposal;
(b) On the average, each Mississippian currently discards approximately four (4) pounds of municipal solid waste each day;
(c) There are currently ninety-eight (98) commercial nonhazardous solid waste management facilities in this state;
(d) Most of the permitted sanitary landfill capacity will be used within the next ten (10) years;
(e) Monthly household collection fees have increased approximately fifteen percent (15%) in the last year. The costs of nonhazardous solid waste management will increase significantly due to decreased landfill capacity and more stringent federal requirements for nonhazardous solid waste management facilities. More stringent federal requirements may force an estimated eighty percent (80%) of the existing permitted facilities to close;
(f) Mississippians are spending approximate Fifty-five Million Dollars ($55,000,000.00) on nonhazardous solid waste management;
(g) Inefficient and improper methods of managing nonhazardous solid waste create hazards to the public health, cause pollution of air and water resources, constitute a waste of natural resources, have an adverse effect on land values and create public nuisances;
(h) Problems of nonhazardous solid waste management have become a matter statewide in scope and necessitate state action to assist local governments in identifying, financing, and improving methods and processes for more efficient management and collection of nonhazardous solid waste; and
(i) The economic and population growth of our state and improvements in the standard of living enjoyed by our population have resulted in a rising tide of unwanted and discarded materials.
(2) It is the intent of the Legislature that the provisions of Sections 17-17-201 through 17-17-235 shall:
(a) In order to protect the public health, safety and well-being of its citizens and to protect and enhance the quality of its environment, institute and maintain a comprehensive program for state and local solid waste management planning which will assure that solid waste management facilities to meet the needs of the state and its localities, whether publicly or privately operated, are planned, developed and constructed in a timely manner;
(b) Reaffirm the state's policy of minimizing the amount of nonhazardous solid waste being generated and managed at facilities in the state and the commitment to reach the state's goal of reducing and minimizing waste generated in Mississippi by a minimum of twenty-five percent (25%) by January 1, 1996;
(c) Provide that a county shall have the power and its duty shall be to ensure the availability of adequate permitted management capacity for the nonhazardous solid waste which is generated within its boundaries;
(d) Establish that a municipality shall have the power and its duty shall be to assure the proper and adequate collection, transportation and storage of the nonhazardous solid waste generated or present within the area served by such municipality and in cooperation with the county, to assure adequate capacity for the processing and disposal of nonhazardous solid waste generated or present within the area served by such municipality; and
(e) Reaffirm that the state shall have the power and its duty shall be to regulate the management of nonhazardous solid waste and ensure that all nonhazardous solid waste management planning results in strategies for environmentally sound nonhazardous solid waste management systems.
(3) It is further the intent of the Legislature that, in light of the impending issuance of the Final Subtitle D regulations, the existing laws and regulations with regard to permitted sanitary landfills should be consistently enforced.
SECTION 9. Section 17-17-205, Mississippi Code of 1972, is brought forward as follows:
17-17-205. (a) "Closure" means the ceasing operation of a sanitary landfill and securing the landfill so that it does not pose a significant threat to public health or the environment and includes long-term monitoring and maintenance of the landfill.
(b) "Label" means a molded, imprinted or raised symbol on or near the bottom of a plastic container or bottle.
(c) "Local government" means a county or a municipality within the State of Mississippi.
(d) "Municipal solid waste" means any nonhazardous solid waste resulting from the operation of residential, commercial, governmental, industrial or institutional establishments except oil field exploration and production wastes and sewage sludge.
(e) "Owner" or "operator" means any person, corporation, county, municipality or group of counties or municipalities acting jointly operating a sanitary landfill or having any interest in the land whereon a sanitary landfill is or has been located.
(f) "Plastic" means any material made of polymeric organic compounds and additives that can be shaped by flow.
(g) "Plastic bottle" means a plastic container intended for single use that:
(i) Has a neck smaller than the body of the container;
(ii) Is designed for a screw-top, snap cap or other closure; and
(iii) Has a capacity of not less than sixteen (16) fluid ounces or more than five (5) gallons.
(h) "Rigid plastic container" means any formed or molded container intended for single use, composed predominately of plastic resin, that has a relatively inflexible finite shape or form with a capacity of not less than eight (8) ounces or more than five (5) gallons. This term does not include a plastic bottle.
SECTION 10. Section 17-17-207, Mississippi Code of 1972, is brought forward as follows:
17-17-207. (1) This section and any rules or regulations adopted hereunder shall be interpreted to conform with nationwide plastics industry standards.
(2) A person may not manufacture or distribute a plastic bottle or rigid plastic container unless the appropriate symbol indicating the plastic resin used to produce the bottle or container is molded into or imprinted on the bottom or near the bottom of the bottle or container. A plastic bottle or rigid container with a base cup or other component of a material different from the basic material used in making the bottle or container shall bear the symbol indicating its basic material.
(3) The symbols used under this section must consist of a number placed within a triangle of arrows and of letters placed below the triangle of arrows. The triangle must be equilateral, formed by three (3) arrows with the apex of each point of the triangle at the midpoint of each arrow, rounded with a short radius. The arrowhead of each arrow must be at the midpoint of each side of the triangle with a short gap separating the arrowhead from the base of the adjacent arrow. The triangle formed by the arrows must depict a clockwise path around the number.
(4) The numbers, letters of the symbols and the plastic resins represented by the symbols are:
(a) 1 and PETE, representing polyethylene terephthalate;
(b) 2 and HDPE, representing high density polyethylene;
(c) 3 and V, representing vinyl;
(d) 4 and LDPE, representing low density polyethylene;
(e) 5 and PP, representing polypropylene;
(f) 6 and PS, representing polystyrene;
(g) 7 and OTHER, representing all other resins, including layered plastics of a combination of materials.
(5) The department shall:
(a) Maintain a list of the symbols; and
(b) Provide a copy of that list to any person on request.
SECTION 11. Section 17-17-209, Mississippi Code of 1972, is brought forward as follows:
17-17-209. Sections 17-17-201 through 17-17-235 shall not be construed to allow any municipality, county or other political subdivision to impose a ban, deposit or tax on plastic containers and bottles.
SECTION 12. Section 17-17-213, Mississippi Code of 1972, is brought forward as follows:
17-17-213. (1) Not later than October 1, 1991, the Commission on Environmental Quality shall promulgate rules and regulations establishing standards for the production of compost. The commission may modify, repeal, make exceptions to and grant exceptions and variances from such rules and regulations. Such rules and regulations shall include, but not be limited to, the following:
(a) Requirements necessary to produce hygienically safe compost products for varying applications.
(b) A classification scheme for compost based on the types of waste composted, including at least one (1) type containing only yard trash; the maturity of the compost, including at least three (3) degrees of decomposition for fresh, semimature and mature; and the levels of organic and inorganic constituents in the compost. This scheme shall address:
(i) Methods for measurement of the compost maturity;
(ii) Particle sizes;
(iii) Moisture content; and
(iv) Average levels of organic and inorganic constituents, including heavy metals, for such classes of compost as the Commission on Environmental Quality establishes, and the analytical methods to determine those levels.
(2) Not later than January 1, 1992, the Commission on Environmental Quality shall promulgate rules and regulations prescribing the allowable uses and application rates of compost based, at a minimum, on the following criteria:
(a) The total quantity of organic and inorganic constituents, including heavy metals, allowed to be applied through the addition of compost to the soil per acre per year.
(b) The allowable uses of compost based on maturity and type of compost.
SECTION 13. Section 17-17-217, Mississippi Code of 1972, is brought forward 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 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. The commission may also use the fund to accomplish the purposes of the multimedia pollution prevention program created under Section 49-31-11.
(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 14. Section 17-17-219, Mississippi Code of 1972, is brought forward 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) Except as provided in subsection (6) of this section, all monies received by the State Tax Commission as provided in this chapter shall be allocated as follows:
(a) Fifty percent (50%) shall be remitted to the Mississippi Nonhazardous Solid Waste Corrective Action Trust Fund; and
(b) Fifty percent (50%) shall be remitted to the Environmental Protection Trust Fund.
(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) 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) 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) and shall pay the remaining one-third (1/3) of the funds allocated under Section 17-17-219(3)(a) 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 15. Section 17-17-221, Mississippi Code of 1972, is brought forward as follows:
17-17-221. (1) The department may develop a state nonhazardous solid waste management plan. The state nonhazardous solid waste management plan shall utilize the information, conclusions and recommendations of the approved local nonhazardous solid waste management plans.
(2) If developed, the state nonhazardous solid waste management plan shall include, at a minimum, the following:
(a) An identification and analysis of the amounts and types of municipal solid waste from all sources which is generated in the state or transported into the state for management;
(b) An inventory and evaluation of all existing and planned municipal solid waste management facilities, including their permit status and the remaining capacity of existing facilities;
(c) An inventory of open and unauthorized dumps and a strategy for closing such sites;
(d) A strategy for achieving the twenty-five percent (25%) waste reduction goal through source reduction, recycling or other waste reduction technologies;
(e) A projection, using acceptable averaging methods, of municipal solid waste generated annually by each county over the next twenty (20) years and an evaluation of the adequacy of existing capacity to handle the anticipated projected volume and composition of waste;
(f) Information, conclusions and recommendations in local nonhazardous solid waste management plans for future facilities;
(g) A description of public education and information programs on the management of municipal solid waste; and
(h) A determination of the adequacy of programs for the management of yard wastes, tires, lead acid batteries, household hazardous wastes and white goods.
(3) The department shall update the plan as needed.
SECTION 16. Section 17-17-227, Mississippi Code of 1972, is brought forward as follows:
17-17-227. (1) Each county, in cooperation with municipalities within the county, shall prepare, adopt and submit to the commission for review and approval a local nonhazardous solid waste management plan for the county. Each local nonhazardous solid waste management plan shall include, at a minimum, the following:
(a) An inventory of the sources, composition and quantities by weight or volume of municipal solid waste annually generated within the county, and the source, composition and quantity by weight or volume of municipal solid waste currently transported into the county for management;
(b) An inventory of all existing facilities where municipal solid waste is currently being managed, including the environmental suitability and operational history of each facility, and the remaining available permitted capacity for each facility;
(c) An inventory of existing solid waste collection systems and transfer stations within the county. The inventory shall identify the entities engaging in municipal solid waste collection within the county;
(d) A strategy for achieving a twenty-five percent (25%) waste reduction goal through source reduction, recycling or other waste reduction technologies;
(e) A projection, using acceptable averaging methods, of municipal solid waste generated within the boundaries of the county over the next twenty (20) years;
(f) An identification of the additional municipal solid waste management facilities, including an evaluation of alternative management technologies, and the amount of additional capacity needed to manage the quantities projected in paragraph (e);
(g) An estimation of development, construction, operational, closure and post-closure costs, including a proposed method for financing those costs;
(h) A plan for meeting any projected capacity shortfall, including a schedule and methodology for attaining the required capacity; and
(i) Any other information the commission may require.
(2) Each local nonhazardous solid waste management plan may include:
(a) The preferred site or alternative sites for the construction of any additional municipal solid waste management facilities needed to properly manage the quantities of municipal solid waste projected for the service areas covered by the plan, including the factors which provided the basis for identifying the preferred or alternative sites; and
(b) The method of implementation of the plan with regard to the person who will apply for and acquire the permit for any planned additional facilities and the person who will ownor operate any of the facilities.
(3) Each municipality shall cooperate with the county in planning for the management of municipal solid waste generated within its boundaries or the area served by that municipality. The governing authority of any municipality which does not desire to be included in the local nonhazardous solid waste management plan shall adopt a resolution stating its intent not to be included in the county plan. The resolution shall be provided to the board of supervisors and the commission. Any municipality resolving not to be included in a county waste plan shall prepare a local nonhazardous solid waste management plan in accordance with this section.
(4) The board of supervisors of any county may enter into interlocal agreements with one or more counties as provided by law to form a regional solid waste management authority or other district to provide for the management of municipal solid waste for all participating counties. For purposes of Section 17-17-221 through Section 17-17-227, a local nonhazardous solid waste management plan prepared, adopted, submitted and implemented by the regional solid waste management authority or other district is sufficient to satisfy the planning requirements for the counties and municipalities within the boundaries of the authority or district.
(5) (a) Upon completion of its local nonhazardous solid waste management plan, the board of supervisors of the county shall publish in at least one (1) newspaper as defined in Section 13-3-31, having general circulation within the county a public notice that describes the plan, specifies the location where it is available for review, and establishes a period of thirty (30) days for comments concerning the plan and a mechanism for submitting those comments. The board of supervisors shall also notify the board of supervisors of adjacent counties of the plan and shall make it available for review by the board of supervisors of each adjacent county. During the comment period, the board of supervisors of the county shall conduct at least one (1) public hearing concerning the plan. The board of supervisors of the county shall publish twice in at least one (1) newspaper as defined in Section 13-3-31, having general circulation within the county, a notice conspicuously displayed containing the time and place of the hearing and the location where the plan is available for review.
(b) After the public hearing, the board of supervisors of the county may modify the plan based upon the public's comments. Within ninety (90) days after the public hearing, each board of supervisors shall approve a local nonhazardous solid waste management plan by resolution.
(c) A regional solid waste management authority or other district shall declare the plan to be approved as the authority's or district's solid waste management plan upon written notification, including a copy of the resolution, that the board of supervisors of each county forming the authority or district has approved the plan.
(6) Upon ratification of the plan, the governing body of the county, authority or district shall submit it to the commission for review and approval in accordance with Section 17-17-225. The commission shall, by order, approve or disapprove the plan within one hundred eighty (180) days after its submission. The commission shall include with an order disapproving a plan a statement outlining the deficiencies in the plan and directing the governing body of the county, authority or district to submit, within one hundred twenty (120) days after issuance of the order, a revised plan that remedies those deficiencies. If the governing body of the county, authority or district, by resolution, requests an extension of the time for submission of a revised plan, the commission may, for good cause shown, grant one (1) extension for a period of not more than sixty (60) additional days.
(7) After approval of the plan or revised plan by the commission, the governing body of the county, authority or district shall implement the plan in compliance with the implementation schedule contained in the approved plan.
(8) The governing body of the county, authority or district shall annually review implementation of the approved plan. The commission may require the governing body of each local government or authority to revise the local nonhazardous solid waste management plan as necessary, but not more than once every five (5) years.
(9) If the commission finds that the governing body of a county, authority or district has failed to submit a local nonhazardous solid waste management plan, obtain approval of its local nonhazardous solid waste management plan or materially fails to implement its local nonhazardous solid waste management plan, the commission shall issue an order in accordance with Section 17-17-29, to the governing body of the county, authority or district.
(10) The commission may, by regulation, adopt an alternative procedure to the procedure described in this section for the preparation, adoption, submission, review and approval of minor modifications of an approved local nonhazardous solid waste management plan. For purposes of this section, minor modifications may include administrative changes or the addition of any noncommercial nonhazardous solid waste management facility. (11) The executive director of the department shall maintain a copy of all local nonhazardous solid waste management plans that the commission has approved and any orders issued by the commission.
(12) If a public notice required in subsection (5) was published in a newspaper as defined in Section 13-3-31, having general circulation within the county but was not published in a daily newspaper of general circulation as required by subsection (5) before April 20, 1993, the commission shall not disapprove the plan for failure topublish the notice in a daily newspaper. Any plan disapproved for that reason by the commission shall be deemed approved after remedying any other deficiencies in the plan.
SECTION 17. Section 17-17-231, Mississippi Code of 1972, is brought forward as follows:
17-17-231. (1) The Commission on Environmental Quality may adopt rules and regulations governing municipal solid waste landfills that accept household wastes, but any rules and regulations for such landfills shall, except for the adoption of criteria and standards to be considered in the location of such facilities, be no more stringent or extensive in scope, coverage and effect than Subtitle D regulations promulgated by the United States Environmental Protection Agency.
(2) If Subtitle D regulations do not provide a standard, criteria or guidance addressing matters relating to landfills, the commission may promulgate rules and regulations to address these matters in accordance with the Mississippi Administrative Procedures Law when the commission determines that such rules and regulation are necessary to protect human health, welfare or the environment.
(3) Nothing in this section shall prohibit the commission by order or the Permit Board in the issuance or modification of a permit from placing additional requirements on a landfill on a case by case basis in order to prevent, abate, control or correct groundwater contamination, public endangerment or as otherwise determined necessary to protect human health, welfare or the environment.
SECTION 18. Section 49-31-9, Mississippi Code of 1972, is brought forward as follows:
49-31-9. For purposes of this chapter the following terms shall have the meanings ascribed to them in this section or in Section 17-17-3 unless the context clearly indicates otherwise:
(a) "Department" means the Department of Environmental Quality.
(b) "EPCRA" means the Emergency Planning and Community Right-To-Know Act, Public Law 99-499, as amended.
(c) "Facility operator" means an operator of a facility required to file a report of toxic chemical releases under Section 313 of EPCRA.
(d) "Generator" means any person whose act or process produces waste.
(e) "Multimedia" means all environmental media including, but not limited to air, water and land.
(f) "Pollution prevention" means any action taken by business, industry, government or individual consumers to conserve natural resources while providing and using needed products in a manner that prevents or reduces the generation, disposal or release of pollutants to the environment. Pollution prevention does not include dewatering, dilution or evaporation before handling, release, storage, treatment or disposal of hazardous waste.
(g) "Recovered materials" means those materials having known recycling potential, which can be feasibly recycled and have been diverted or removed from the waste stream for sale, use or reuse, by separation, collection or processing.
(h) "Recyclable materials" means those materials which are reasonably capable of being recycled and which would otherwise be processed or disposed of as waste.
(i) "Recycling" means the use, reuse or reclamation of a waste. Recycling does not include the burning of waste as a fuel for the recovery of energy or the use of waste treatment technologies.
(j) "Waste" means sewage, industrial wastes, oil field wastes, and all other liquid, gaseous, solid or other substances which may pollute the lands, waters or air of the state.
(k) "Waste minimization" means the reduction, to the extent feasible, of waste that is generated or subsequently treated, stored or disposed of. It includes any source reduction or recycling activity undertaken by a generator or facility operator that results in either (i) the reduction of total volume or quantity of waste, or (ii) the reduction of toxicity or other characteristics of hazardous waste, or both, so long as the reduction does not result in the displacement of pollutants from one medium to another and is consistent with the goal of minimizing present and future threats to human health and the environment.
SECTION 19. Section 49-31-11, Mississippi Code of 1972, is brought forward as follows:
49-31-11 (1) There is hereby created in the Department of Environmental Quality, the Mississippi Multimedia Pollution Prevention Program, herein referred to as "program," for the following purposes:
(a) To compile, organize and make available for distribution information on pollution prevention and recycling technologies and procedures;
(b) To sponsor and conduct conferences and workshops on pollution prevention and recycling;
(c) To facilitate and promote the transfer of pollution prevention and recycling technologies and procedures among business, industry, academic institutions and governmental entities;
(d) To provide funds, as may be appropriated or otherwise made available therefor, to business, industry, academic institutions, private organizations and governmental entities:
(i) To conduct demonstration or pilot programs utilizing innovative pollution prevention and recycling technologies and procedures;
(ii) To defray costs of basic and applied research on pollution prevention and recycling; and
(iii) To subsidize costs of conducting pollution prevention potential analyses and studies, and developing, purchasing and implementing pollution prevention and recycling technologies and procedures or for other related purposes;
(e) To develop the necessary programs, information and materials:
(i) To collect data to assist in establishing program priorities and evaluation of the progress of pollution prevention and recycling;
(ii) To train business, industry, academic institutions and governmental entities to promote and provide information about pollution prevention and recycling practices and their applicability; and
(iii) To establish and implement waste exchange programs;
(f) To increase public education and public awareness of waste management issues;
(g) To provide pollution prevention and recycling technical assistance to industries, businesses and local governments; and
(h) To participate in state, federal and industrial networks of individuals and groups actively involved in pollution prevention and recycling activities and promotion.
(2) The Commission on Environmental Quality may adopt, modify, repeal and promulgate, after due notice and hearing, and where not otherwise prohibited by federal or state law, to make exceptions to and grant exemptions and variances from, and to enforce rules and regulations implementing or effectuating the powers and duties of the commission under this chapter.
(3) The Commission on Environmental Quality shall promote pollution prevention, recycling, reuse of wastes, in lieu of treatment and disposal of such wastes.
SECTION 20. Section 49-31-13, Mississippi Code of 1972, is brought forward as follows:
49-31-13. (1) By July 1, 1996, the department shall complete a comprehensive study of the status of pollution prevention and recycling activities in Mississippi. The study shall address, but not be limited to, the following:
(a) The types and quantities of wastes generated in the state, the existing system for management of wastes, and pollution prevention and recycling efforts to date in the state;
(b) The advisability, feasibility and potential impacts of waste stream reduction through statutory restraints;
(c) The identification of key business, industry, academic institutions and governmental entities which should receive priorities in technical assistance;
(d) The establishment of the program priorities, objectives, missions and goals for pollution prevention and recycling in the state, including a methodology for assessing the efficiency and effectiveness of the program in attaining program goals and objectives;
(e) The development of a methodology to assess progress in minimizing waste, preventing pollution and recycling in the state; and
(f) Any other information deemed necessary by the department to carry out the purposes of this chapter.
(2) The study shall be updated not less than once every five (5) years.
SECTION 21. Section 49-31-15, Mississippi Code of 1972, is brought forward as follows:
49-31-15. It shall be the duty of each state agency, the judicial branch of state government, the state institutions of higher learning and community colleges by July 1, 1992, to:
(a) Establish a program, in cooperation with the Department of Environmental Quality and the Department of Finance and Administration, for the collection of recyclable materials as determined by the Department of Environmental Quality, generated in state offices throughout the state.
(b) Provide procedures for collecting and storing recyclable materials, containers for storing recyclable materials and contractual arrangements with buyers of recyclable materials.
(c) Evaluate the amount of recyclable materials recycled and make all necessary modifications to the recycling program to ensure that recyclable materials, as determined by the Department of Environmental Quality, are effectively and practically recycled.
(d) Establish and implement, in cooperation with the Department of Environmental Quality and the Department of Finance and Administration, a source reduction program for materials, as determined by the Department of Environmental Quality, used in the course of agency operations. The program shall be designed and implemented to achieve the maximum feasible source reduction of waste as a result of agency operations.
SECTION 22. Section 49-31-17, Mississippi Code of 1972, is amended as follows:
49-31-17. (1) The Mississippi Development Authority shall assist and actively promote the recycling industry in the state. Assistance and promotion of the recycling industry shall include, but is not limited to:
(a) Identification and analysis, in cooperation with the Department of Environmental Quality, of components of the state's recycling industry and present and potential markets for recyclable materials in the state or other states;
(b) Provision of information on the availability and benefits of using recycled materials to business, industry, academic institutions and governmental entities within the state;
(c) Distribution of any material prepared in implementing this section to business, industry, academic institutions, governmental entities and the general public upon request; and
(d) Active promotion of the present markets and development of the potential markets of recyclable materials through the resources of the Mississippi Development Authority.
(2) By July 1, 1991, the Mississippi Development Authority shall prepare a report assessing the recycling industry and recyclable materials markets in the state.
(3) (a) There is created a fourteen-member Recycling Market Development Council to be appointed as follows:
(i) Five (5) members appointed by the Governor representing the paper, glass, aluminum, plastic, and ferrous and nonferrous metal industries, and trade associations which are active in recycling;
(ii) One (1) member appointed by the Governor representing a statewide, chartered public interest group;
(iii) One (1) member who is an elected city official to be appointed by the Governor;
(iv) One (1) member who is an elected member of a county governing authority to be appointed by the Governor;
(v) One (1) member designated by the Speaker of the House of Representatives;
(vi) One (1) member designated by the President of the Senate;
(vii) One (1) member appointed by the Governor representing the private recycling industry; and
(viii) One (1) representative each from the Department of Finance and Administration, the Department of Environmental Quality and the Mississippi Development Authority.
(b) The chair of the council shall be elected by the membership. The council shall adopt operating procedures and shall meet on the call of the chair or on the call of a majority of the members. A majority of the members shall constitute a quorum to do business. The Mississippi Development Authority shall provide the necessary staff, administrative facilities and services to the council.
(c) The members shall be appointed by September 1, 1991, and the council shall convene by October 1, 1991.
(4) The council shall determine what actions, if any, are needed to facilitate the development and expansion of markets for materials and products recovered from solid waste in the state and shall prepare a report with recommendations to the Governor and the Legislature. The report shall be due on January 1, 1993, and shall include, at a minimum, the following:
(a) A description and analysis of the state's existing recycling industry, the types and estimated amounts of recovered materials being separated or reprocessed;
(b) An analysis of the projected long-term capacity of existing markets to absorb materials generated by source separation, recovery or recycling programs;
(c) An analysis of potential markets in the state, in other states or in foreign countries for source-separated or recovered materials or products from the state;
(d) An analysis of institutional, economic and technical barriers to the use of source-separated or recovered materials or products;
(e) Recommendations for actions which may be taken to increase demand for source-separated and recovered materials or products;
(f) Recommendations for actions which may be taken to increase the incentives for private individuals and for business and industry to source-separate and recover materials;
(g) Recommendations on categories of materials which should be source-separated and recovered in the state, given existing and potential markets for such materials;
(h) Recommendations for a public education program to be implemented by the Department of Environmental Quality to provide information to the public and to business and industry on the benefits of source separation, recovery and recycling and on the availability of those materials or products;
(i) A study of methods of source separation, recycling and disposal of household waste; and
(j) A study of packaging reduction.
(5) Following its initial report, the council shall submit to the Governor and to the Legislature by the end of each calendar year an annual report on recycling activities within the state which shall, at a minimum, include the following:
(a) Any revisions which the council determines are necessary to its initial report;
(b) An analysis of changes that have occurred with markets for recovered materials since the last report;
(c) Any other recommendations to facilitate the development of markets for source-separated and recovered materials in the state.
(6) Subsections (3), (4) and (5) of this section shall stand repealed on January 31, 1996.
SECTION 23. Section 49-31-19, Mississippi Code of 1972, is brought forward as follows:
49-31-19. (1) On or before July 1, 1991, the Department of Education is directed to develop curriculum, including materials and resource guides, for a waste minimization awareness program at the elementary and secondary levels of education.
(2) In order to orient students and their families to the minimization of waste and to encourage the participation of schools, communities and families in waste minimization programs, the school board of each school district in the state shall provide a program of student instruction in the minimization of waste materials on or before September 1, 1992. The instruction shall be provided at both the elementary and secondary levels of education.
SECTION 24. Section 49-31-21, Mississippi Code of 1972, is brought forward as follows:
49-31-21. (1) No later than January 1, 1992, the department shall require waste minimization plans to be provided by each generator of hazardous waste who is regulated as a large quantity generator or a small quantity generator under Mississippi hazardous waste management regulations and each facility operator required to file a report under Section 313 of EPCRA. The generators and facility operators shall provide a plan for each site where waste is generated or chemicals are released.
(2) Waste minimization plans for large quantity generators and for facility operators required to file a report under Section 313 of EPCRA, shall include, at a minimum:
(a) A written policy describing ownership and management support for pollution prevention and waste minimization and implementation of the plan;
(b) The scope and objectives of the plan, including the evaluation of technologies, procedures and personnel training programs to ensure waste minimization;
(c) An explanation and documentation of waste minimization efforts completed or in progress before the first reporting date;
(d) An analysis of waste streams, and identification of opportunities to eliminate waste generation. The analysis shall include review of individual processes and facilities and other activities where wastes may be generated, evaluation of data on the types, amounts and hazardous and toxic constituents of waste generated, and potential waste minimization techniques applicable to those wastes;
(e) An identification of waste management costs;
(f) An identification of employee awareness and training programs to involve employees in waste minimization planning and implementation to the maximum extent feasible;
(g) The establishment of performance goals for the minimization of wastes which shall be expressed in numeric terms, to the extent practicable.
(3) The department shall develop appropriate, but less stringent, requirements for waste minimization plans to be prepared by small quantity generators.
(4) All generators and facility operators required to prepare a waste minimization plan shall update annually their waste minimization plan. The annual update shall include at a minimum:
(a) An analysis and quantification of progress made, if any, in waste minimization, relative to each performance goal established under subsection (2)(g) of this section; and
(b) Any amendments to the waste minimization plan and an explanation of the need for the amendments.
(5) For purposes of this section, a generator or facility operator shall permit the department or its designee to review the waste minimization plan.
(6) From the waste minimization plan and each annual update, the generator or facility operator shall submit to the department a certified report of the types and quantities of wastes generated, and the types and quantities of wastes minimized. To the extent practicable, the department shall coordinate the submission of this certified report with other reporting requirements placed on large quantity and small quantity hazardous waste generators and facility operators.
(7) The certified report shall include a narrative summary explaining the waste generation and minimization data, a description of goals and progress made in minimizing the generation of wastes, and a description of any impediments to the minimization of wastes.
SECTION 25. Section 49-31-25, Mississippi Code of 1972, is brought forward as follows:
49-31-25. (1) There is imposed upon each large quantity generator and each small quantity generator that is regulated under the Mississippi hazardous waste management regulations and each facility operator, a pollution prevention fee. The fee upon each large quantity generator and each small quantity generator shall be measured by the quantity of hazardous waste which that generator generates annually. The fee upon each facility operator shall be measured by the quantity of chemicals which each facility releases annually and reports pursuant to Section 313 of EPCRA. For a fee payer that is both a large quantity hazardous waste generator and a facility operator, the fee shall be measured by adding the quantity of fugitive and stack air emissions reported under Section 313 of EPCRA plus the quantity of hazardous waste generated annually. For a fee payer that is both a small quantity hazardous waste generator and a facility operator, the fee shall be measured by the quantity of chemicals released as reported pursuant to Section 313 of EPCRA. The fee shall be assessed in an amount according to the following schedule:
TONS GENERATED/RELEASED ANNUAL FEE
0.01 to 9.99 $ 250.00
10.00 to 99.99 $ 500.00
100.00 to 999.99 $ 1,500.00
1,000.00 to 9,999.99 $ 2,500.00
10,000.00 to 49,999.99 $ 10,000.00
50,000.00 and above $ 50,000.00
The fee shall be due and payable to the department not later than September 1 of each year, or not later than a date specified by the department in the invoice which shall be no less than thirty (30) days following receipt of an invoice from the department, whichever is later. The fee shall be based on the quantity of hazardous waste generated and/or chemicals released during the preceding calendar year. The department shall annually prepare an invoice for the amount of the pollution prevention fee due from each generator or facility operator and furnish it to each generator or facility operator. The proceeds of the fee shall be deposited into the Environmental Protection Trust Fund created in Section 17-17-217.
(2) From and after July 1, 1995, the department shall exclude from the calculation of the pollution prevention fee any hazardous waste recycled on-site or shipped off-site for recycling as reported on the Mississippi Annual Hazardous Waste Report or its equivalent and any chemicals recycled on-site or shipped off-site for recycling as reported under Section 313 of EPCRA. The hazardous waste generator or the facility operator shall submit any information the department deems necessary to substantiate that the hazardous waste or chemicals were recycled.
(3) At the discretion of the commission, a generator or facility operator shall be liable for a penalty not to exceed three (3) times the amount of the fee due and payable for failure to pay the fee on or before the due date, plus the amount necessary to reimburse the cost of collection.
(4) From and after July 1, 1995, the department shall exclude from any calculation of pollution prevention fee any hazardous waste or chemical for which a Title V permit fee is assessed to the same generator or facility operator.
SECTION 26. This act shall take effect and be in force from and after July 1, 2005.