MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Environment Prot, Cons and Water Res

By: Senator(s) Hall (By Request)

AN ACT TO REQUIRE FACILITIES REQUIRED TO FILE NOTIFICATION UNDER SECTION 302 OR FILE REPORTS UNDER SECTION 312 OF THE FEDERAL EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT OF 1986, AS AMENDED, TO DEVELOP AND IMPLEMENT AN ENVIRONMENTAL PREVENTION MANAGEMENT SYSTEM BEFORE JANUARY 1, 2002; TO DEFINE CERTAIN TERMS; TO REQUIRE THE DEPARTMENT OF ENVIRONMENTAL QUALITY TO DEVELOP AND PUBLISH GUIDANCE FOR THE DEVELOPMENT OF ENVIRONMENTAL PREVENTION MANAGEMENT SYSTEMS; TO REQUIRE THE COMMISSION ON ENVIRONMENTAL QUALITY TO DEVELOP REGULATIONS FOR IMPLEMENTATION OF THE PROGRAM; TO PROVIDE THE PENALTIES; AND FOR RELATED PURPOSES.

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

SECTION 1. This act shall be known as and may be cited as the "Environmental Prevention Management System Act of 1999."

SECTION 2. The purpose of this act is to require the development and implementation of an environmental prevention management system at facilities required to file a notification under Section 302 of the federal Emergency Planning and Community Right-to-Know Act of 1986, as amended, and facilities required to file reports under Section 312 of that act. The implementation and development of this program will require effective emergency response for accidental releases of any extremely hazardous substance as defined under the act and any hazardous substance as defined in accordance with the Comprehensive Environmental Response, Compensation and Liability Act, as amended, to significantly minimize any adverse potential impact to public health and the environment.

SECTION 3. For purposes of this act, the following terms shall have the meaning ascribed in this section unless the context clearly indicates otherwise:

(a) "Commission" means the Mississippi Commission on Environmental Quality.

(b) "Department" means the Mississippi Department of Environmental Quality.

(c) "Environmental prevention management system" means a documented proactive emergency planning and response strategy consisting of, but not limited to, policies, procedures, records, internal audits and management reviews which when fully implemented will reduce and manage accidental releases of hazardous substances or extremely hazardous substances so as to minimize their impact to human health and the environment.

(d) "Facility" means any facility required to file notification under Section 302 or reports under Section 312 of the Emergency Planning and Community Right-to-Know Act of 1986, as amended.

SECTION 4. Before January 1, 2002, each facility shall develop and implement an environmental prevention management system. The system shall at a minimum consist of a management policy, an organization evaluation of the owner/operator of the facility, documented procedures for emergency planning and response, an inventory of hazardous substances and extremely hazardous substances which are present at the facility, procedures for training employees and updating that training periodically, record keeping and reporting requirements, provisions for internally auditing compliance with the system and other information as the commission may require by regulation.

SECTION 5. (1) Before July 1, 2000, the commission shall adopt regulations for the development and implementation of the environmental prevention management system program.

(2) Before January 1, 2001, the department shall develop and publish guidance for development of an environmental prevention management system.

SECTION 6. (1) Any person found by the commission to have violated this act or any rule or regulation or written order of the commission issued under this act shall be subject to a civil penalty of not more than Twenty-five Thousand Dollars ($25,000.00) for each violation. The penalty may be assessed and levied by order of the commission after notice and hearing in accordance with subsection (5) of this section.

(2) In lieu of, or in addition to, the penalty provided for in subsection (1)(a) of this section, the commission may institute and maintain in the name of the state any proceedings necessary to enforce this act, rules and regulations adopted under this act, and orders issued under this act in the appropriate circuit, chancery, county or justice court of the county in which venue may lie. The commission may obtain mandatory or prohibitory injunctive relief, either temporary or permanent, and it shall not be necessary in those cases that the state plead or prove: (a) that irreparable damage would result if the injunction did not issue; (b) that there is no adequate remedy at law; or (c) that a written complaint or commission order has first been issued for the alleged violation.

(3) Any person who knowingly submits false or inaccurate information in support of an environmental prevention management system under this act or who willfully violates this act, or any rule, regulation or written order of the commission or emergency order issued by the director in pursuance thereof shall, upon conviction, be guilty of a misdemeanor and fined not less than One Hundred Dollars ($100.00) within the discretion of the court. Each day in which that violation exists or continues shall constitute a separate offense.

(4) In addition to or in lieu of filling a criminal complaint for the willful misconduct described in subsection (3) of this section, the commission may impose a civil penalty in accordance with subsection (1)(a) of this section.

(5) All proceedings and hearing before the commission regarding violations of this chapter or any rule or regulation, written order of the commission, emergency order of the director of certificate issued or reissued by the commission in pursuance thereof and all appeals therefrom shall be conducted in accordance with Section 49-17-31 through 49-17-41, Mississippi Code of 1972.

(6) All fines, penalties and other sums recovered or collected by the commission for and on behalf of the state under this section shall be deposited in the Pollution Emergency Fund established under Section 49-17-68, Mississippi Code of 1972.

SECTION 2. This act shall take effect and be in force from and after July 1, 1999.