MISSISSIPPI LEGISLATURE

2023 Regular Session

To: Energy

By: Senator(s) McDaniel

Senate Bill 2232

AN ACT TO AMEND SECTION 21-27-211, MISSISSIPPI CODE OF 1972, TO REDUCE THE INTERIM PERIOD FOR A COMMUNITY WATER AND WASTEWATER FACILITY OR SYSTEM TO OPERATE WITHOUT A CERTIFIED OPERATOR AND TO REDUCE THE INTERIM PERIOD FOR A COMMUNITY TO CONDUCT A SOLID WASTE/RUBBISH COLLECTION PROGRAM WITHOUT A CERTIFIED OPERATOR; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 21-27-211, Mississippi Code of 1972, is amended as follows:

     21-27-211.  (1)  It is unlawful to operate or cause to be operated any wastewater facility or community water system covered under Sections 21-27-201 through 21-27-221 unless the operator of that facility or system holds a current certificate of competency issued by the board or commission, as provided by Sections 21-27-201 through 21-27-221, in a classification corresponding to the classification of the facility or system.  After July 1, 1998, it shall be unlawful to operate or cause to be operated any nontransient, noncommunity water system covered under Sections 21-27-201 through 21-27-221, unless the operator of that system holds a current certificate of competency issued by the board.  If an operator is lost due to illness, death, resignation, discharge or other legitimate cause, the owner or president of the governing board of the facility or system shall immediately notify in writing either the board or commission, as the case may be.  The facility or system may continue to operate without a certified operator on an interim basis for a period not to exceed * * * one hundred eighty (180) thirty (30) days, except for good cause shown upon petition to the responsible agency.  The board or the commission, as the case may be, may grant, upon petition of the facility or system, an extension of the interim operating period not to exceed an additional * * * one hundred eighty (180) thirty (30) days for good cause shown.

     (2)  It is unlawful to operate or cause to be operated any commercial nonhazardous solid waste management landfill permitted under Section 49-17-29 unless the operator of that facility holds a current certificate of competency issued by the commission, as provided by Sections 21-27-201 through 21-27-221.  However, in the event of the loss of an operator due to illness, death, resignation, discharge or other legitimate cause, notice shall be immediately given to the commission and the continued operation of the facility without a certified operator may proceed on an interim basis for a period not to exceed * * * one hundred eighty (180) ninety (90) days, except for good cause shown upon petition to the commission.

     (3)  After June 30, 2005, it is unlawful to operate or cause to be operated any commercial Class I rubbish site, unless the operator of that facility holds a certificate of competency issued by the commission under Sections 21-27-201 through 21-27-221.  However, in the event of the loss of an operator due to illness, death, resignation, discharge or other legitimate cause, notice shall be immediately given to the commission and the continued operation of the facility without a certified operator may proceed on an interim basis for a period not to exceed * * * one hundred eighty (180) ninety (90) days, except for good cause shown upon petition to the commission.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2023.