MISSISSIPPI LEGISLATURE
2019 Regular Session
To: Environment Prot, Cons and Water Res; Accountability, Efficiency, Transparency
By: Senator(s) Burton
AN ACT TO AMEND SECTION 49-17-5, MISSISSIPPI CODE OF 1972, TO DEFINE THE TERM "FACILITY" AS USED IN THE MISSISSIPPI AIR AND WATER POLLUTION CONTROL LAW; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 49-17-5, Mississippi Code of 1972, is amended as follows:
49-17-5. For the purposes of Sections 49-17-1 through 49-17-43, the following words and phrases shall have the meanings ascribed to them in this section:
(1) Water.
(a) "Pollution" means such contamination, or other alteration of the physical, chemical or biological properties, of any waters of the state, including change in temperature, taste, color, turbidity, or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive, or other substance or leak into any waters of the state unless in compliance with a valid permit issued therefor by the Permit Board.
(b) "Wastes" means sewage, industrial wastes, oil field wastes, and all other liquid, gaseous, solid, radioactive, or other substances which may pollute or tend to pollute any waters of the state.
(c) "Sewerage system" means pipelines or conduits, pumping stations, and force mains, and other structures, devices, appurtenances and facilities used for collecting or conducting wastes to an ultimate point for treatment or disposal.
(d) "Treatment works" means any plant or other works, used for the purpose of treating, stabilizing or holding wastes.
(e) "Disposal system" means a system for disposing of wastes, either by surface or underground methods, and includes sewerage systems, treatment works, disposal wells and other systems.
(f) "Waters of the state" means all waters within the jurisdiction of this state, including all streams, lakes, ponds, impounding reservoirs, marshes, watercourses, waterways, wells, springs, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface and underground, natural or artificial, situated wholly or partly within or bordering upon the state, and such coastal waters as are within the jurisdiction of the state, except lakes, ponds or other surface waters which are wholly landlocked and privately owned, and which are not regulated under the Federal Clean Water Act (33 USCS 1251 et seq.).
(g) "Underground water" means an underground source of drinking water as defined within the regulations of the Federal Safe Drinking Water Act.
(2) Air.
(a) "Air contaminant" means particulate matter, dust, fumes, gas, mist, smoke or vapor, or any combination thereof, produced by processes other than natural.
(b) "Air pollution" means the presence in the outdoor atmosphere of one or more air contaminants in quantities, of characteristic, and of a duration which are materially injurious or can be reasonably expected to become materially injurious to human, plant or animal life or to property, or which unreasonably interfere with enjoyment of life or use of property throughout the state or throughout such area of the state as shall be affected thereby.
(c) "Air contamination" means the presence in the outdoor atmosphere of one or more air contaminants which contribute to a condition of air pollution.
(d) "Air contamination source" means any source at, from, or by reason of which there is emitted into the atmosphere any air contaminant, regardless of who the person may be who owns or operates the building, premises or other property in, at, or on which such source is located, or the facility, equipment or other property by which the emission is caused or from which the emission comes.
(e) "Air-cleaning device" means any method, process or equipment, the primary function of which is to remove, reduce or render less noxious air contaminants discharged into the atmosphere.
(f) "Area of the state" means any city or county or portion thereof, or other substantial geographical area of the state as may be designated by the Mississippi Commission on Environmental Quality.
(g) "Federal Clean Air Act" means the Federal Clean Air Act, 42 USCS 7401 et seq., as amended.
(3) General.
(a) "Commission" means the Mississippi Commission on Environmental Quality acting through the Office of Pollution Control of the Department of Environmental Quality.
(b) "Person" means the state or other agency or institution thereof, any municipality, political subdivision, public or private corporation, individual, partnership, association or other entity, and includes any officer or governing or managing body of any municipality, political subdivision, or public or private corporation, or the United States or any officer or employee thereof.
(c) "Pollution Emergency Fund" means the fund established under Section 49-17-68.
(d) "General permit" means a permit for categories of sources that involve similar wastes and have similar monitoring requirements and restrictions.
(e) "Facility" means any source that may cause pollution of the air or any waters of the state or may cause any wastes or other products or substances to be placed in a location where they are likely to cause pollution of the air or any waters of the state, including any building, structure, installation, vehicle, car, truck, train, boat, ship, airplane or any other means of transportation for persons or property.
SECTION 2. This act shall take effect and be in force from and after July 1, 2019.