MISSISSIPPI LEGISLATURE

2018 Regular Session

To: County Affairs; Municipalities

By: Representative Dixon

House Bill 1236

AN ACT TO REQUIRE BUSINESSES, COMMERCIAL PROPERTIES AND FOR-PROFIT ORGANIZATIONS TO HAVE WASTE RECEPTACLES FULLY ENCLOSED, NOT VISIBLE FROM THE STREET AND ACCESSIBLE TO WASTE MANAGEMENT SERVICES; TO PROHIBIT THE DISPOSAL OF WASTE OUTSIDE OF WASTE RECEPTACLES; AND FOR RELATED PURPOSES.

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

     SECTION 1.  (1)  For the purposes of this section, the terms "garbage," "rubbish" and "solid waste" shall be defined as provided in Section 17-17-3.  

     (2)  Businesses, commercial properties and nonprofit and for-profit organizations shall have a waste receptacle that is fully contained in an enclosure so that the receptacle is not visible from the street.  This enclosure shall be accessible by waste management services for the purpose of removing waste from the receptacle, and shall be opaque and fully conceal the waste receptacle from view.

     (3)  It shall be unlawful for a business, commercial property or for-profit organization to dispose of solid waste, garbage or rubbish outside of a waste receptacle.  If it is found that the waste receptacle has reached its limit of waste containment before waste management services are scheduled for waste disposal, there shall be an additional waste receptacle on the premises to contain any excess solid waste, rubbish or garbage.  If an additional waste receptacle is necessary, it shall be fully contained in an enclosure so that the receptacle is not visible from the street. This enclosure shall be accessible by waste management services for the purpose of removing waste from the receptacle, and shall be opaque and fully conceal the waste receptacle from view.

     (4)  A business, commercial property, nonprofit organization or for-profit organization that is in violation of this section shall be fined One Thousand Dollars ($1,000.00) for a first offense, One Thousand Five Hundred Dollars ($1,500.00) for a second offense and Two Thousand Dollars ($2,000.00) for a third or subsequent offense.

     (5)  Fines shall be payable to the municipal or county authority that provides waste management services.  If a municipality and county share authority for providing waste management services, the fines shall be shared proportionately to their authority for providing those services.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2018.