MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Environment Prot, Cons and Water Res

By: Senator(s) Cuevas

AN ACT TO AMEND SECTION 19-5-177, MISSISSIPPI CODE OF 1972, TO AUTHORIZE DISTRICTS CREATED UNDER SECTIONS 19-5-151 THROUGH 19-5-207 FOR THE PURPOSE OF PROVIDING SEWAGE SERVICE TO PROVIDE FOR THE INSTALLATION OF RESIDENTIAL SEWAGE HOLDING TANKS, TO REQUIRE THE DISTRICT TO MAINTAIN THOSE TANKS AND TO AUTHORIZE THE DISTRICT TO CHARGE A FEE FOR ITS SERVICES; TO AMEND SECTION 41-67-11, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE BOARD OF HEALTH TO APPROVE THE INSTALLATION OF SEWAGE HOLDING TANKS BY A DISTRICT PENDING THE COMPLETION OF MUNICIPAL OR COMMUNITY SEWAGE SYSTEMS; TO AMEND SECTION 41-67-6, MISSISSIPPI CODE OF 1972, TO REQUIRE PERSONNEL OF THE DEPARTMENT OF HEALTH TO USE BEST PROFESSIONAL JUDGMENT IN MAKING RECOMMENDATIONS ON THE TYPE OR TYPES OF INDIVIDUAL ON-SITE WASTEWATER DISPOSAL SYSTEMS RECOMMENDED, CONSIDERING FUNCTIONING SYSTEMS ON NEARBY LOTS OR TRACTS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 19-5-177, Mississippi Code of 1972, as amended by House Bill No. 825, 1999 Regular Session, is amended as follows:

19-5-177. (1) Any district created under Sections 19-5-151 through 19-5-207, acting by and through the board of commissioners of such district as its governing authority, shall have the following among other powers:

(a) To sue and be sued;

(b) To acquire by purchase, gift, devise and lease or any other mode of acquisition, other than by eminent domain, hold and dispose of real and personal property of every kind within or without the district;

(c) To make and enter into contracts, conveyances, mortgages, deeds of trust, bonds, leases or contracts for financial advisory services;

(d) To incur debts, to borrow money, to issue negotiable bonds, and to provide for the rights of the holders thereof;

(e) To fix, maintain, collect and revise rates and charges for services rendered by or through the facilities of such district, which rates and charges shall not be subject to review or regulation by the Mississippi Public Service Commission except in those instances where a city operating similar services would be subject to regulation and review; however, the district may furnish services, including connection to the facilities of the district, free of charge to the county or any agency or department of the county and to volunteer fire departments located within the service area of the district. The district shall obtain a certificate of convenience and necessity from the Mississippi Public Service Commission for operating of water and/or sewer systems;

(f) To pledge all or any part of its revenues to the payment of its obligations;

(g) To make such covenants in connection with the issuance of bonds or to secure the payment of bonds that a private business corporation can make under the general laws of the state;

(h) To use any right-of-way, public right-of-way, easement, or other similar property or property rights necessary or convenient in connection with the acquisition, improvement, operation or maintenance of the facilities of such district held by the state or any political subdivision thereof; however, the governing body of such political subdivision shall consent to such use;

(i) To enter into agreements with state and federal agencies for loans, grants, grants-in-aid, and other forms of assistance including but not limited to participation in the sale and purchase of bonds;

(j) To acquire by purchase any existing works and facilities providing services for which it was created, and any lands, rights, easements, franchises and other property, real and personal necessary to the completion and operation of such system upon such terms and conditions as may be agreed upon, and if necessary as part of the purchase price to assume the payment of outstanding notes, bonds or other obligations upon such system;

(k) To extend its services to areas beyond but within one (1) mile of the boundaries of such district; however, no such extension shall be made to areas already occupied by another corporate agency rendering the same service so long as such corporate agency desires to continue to serve such areas. Areas outside of the district desiring to be served which are beyond the one (1) mile limit must be brought into the district by annexation proceedings;

(l) To be deemed to have the same status as counties and municipalities with respect to payment of sales taxes on purchases made by such districts;

(m) To borrow funds for interim financing subject to receipt of funds as outlined in Section 19-5-181.

(2) Any district which is incorporated under Sections 19-5-151 through 19-5-207 to provide sewer services may install or provide for the installation of sewage holding tanks at residential properties within the district, if funding for municipal or community sewers has been awarded to the district. The district shall maintain or provide for the maintenance of the sewage holding tank systems. The district may assess and collect from each resident using a sewage holding tank a fee covering the costs of providing the services authorized under this section. When municipal or community sewers are available and ready for use, residences with sewage holding tanks shall be connected to the sewer system.

SECTION 2. Section 41-67-11, Mississippi Code of 1972, is amended as follows:

41-67-11. (1) Temporary individual on-site wastewater disposal systems may be approved in otherwise unapprovable areas only after a contract has been awarded for the construction of municipal or community sewers that upon completion will adequately serve the property. Temporary individual on-site wastewater disposal systems shall only be approved under the following conditions:

(a) When the municipal or community sewers shall not be completed and available for use within six (6) months, a complete individual on-site wastewater disposal system complying with all requirements of the board may be installed. Upon completion of the sewer construction all systems shall be abandoned and all residences, buildings or facilities connected to the sewer.

(b) When the public sewers shall be available and ready for use within a period not to exceed six (6) months, or where a minor extension is to be made to a municipal system by the municipality and no contract is to be awarded, an individual on-site wastewater disposal system with a minimum capacity of three hundred (300) gallons and at least sixty percent (60%) of the required disposal field may be installed. The board shall not approve a temporary system under this subsection unless the professional engineer designing the sewer system has certified to the board in writing that the public sewer or extension shall be completed within six (6) months, and the owner of the temporary system has certified in writing that connection to the public sewer shall be made as soon as it becomes available.

(2) The board may approve the installation of sewage holding tanks in districts created under Sections 19-5-151 through 19-5-207 for the purpose of providing sewage services. The district shall be required to maintain or provide for the maintenance of those holding tanks. The board shall require that residences be connected to a municipal or community sewage system when that system is available and ready to use.

SECTION 3. Section 41-67-6, Mississippi Code of 1972, is amended as follows:

41-67-6. (1) Within five (5) working days following receipt of the notice of intent and plot plan by an owner, lessee or developer of any lot or tract of land, the department shall conduct a soil and site evaluation, except in cases where a professional engineer provides services relating to the design, construction or installation of an individual on-site wastewater disposal system to comply with this chapter. Within ten (10) additional working days, the department shall make recommendations to the owner, lessee or developer of the type or types of individual on-site wastewater disposal systems suitable for installation on the lot or tract, unless there are conditions requiring further investigation that are revealed in the initial evaluation. In making recommendations on the type or types of individual on-site wastewater disposal systems suitable for installation on a lot or tract, personnel of the department shall use best professional judgment based on rules and regulations adopted by the board, considering the type or types of systems which are installed and functioning on lots or tracts near the subject lot or tract. If existing systems in the surrounding area function properly, systems of that same type shall be approved. To the extent practicable, the recommendations shall give the owner, lessee or developer maximum flexibility and a maximum number of options consistent with the federal Clean Water Act, consistent with maintaining the wastes on the property of the generator except as authorized under Section 41-67-8, and consistent with protection of the public health. The system or systems recommended shall be environmentally sound and cost-effective. The department or a professional engineer shall provide complete information, including all applicable requirements and regulations on all systems recommended. The owner, lessee or developer shall have the right to choose among systems. The department shall provide the owner, lessee or developer with a form that specifies all types of individual on-site wastewater disposal systems that are suitable for installation on the lot or tract and lists all installers of those systems that are certified by the department. Approval of the design, construction or installation of an individual on-site wastewater disposal system by the department is not required. If any property owner, lessee or the owner's or lessee's lending institution requests the department to approve the design, construction or installation of any system on the owner's or lessee's property, the department shall approve the design, construction or installation of that system, as requested, if the system is designed, constructed and installed, as the case may be, in accordance with the rules and regulations of the board. The department shall not approve any individual on-site wastewater disposal system that has a direct or point source discharge, unless the Permit Board has issued a permit for that system under Section 41-67-8.

(2) Evaluations and recommendations for a subdivision shall not be subject to the time constraints in this section.

(3) If the department has been requested to approve the design, construction or installation of an individual on-site wastewater disposal system, an installer may not begin the design, construction or installation of the individual on-site wastewater disposal system, unless the installer notifies the department of the date on which the installer plans to begin work on the system.

(4) A person may not design, construct or install, or cause to be designed, constructed or installed an individual on-site wastewater disposal system that does not comply with this chapter and rules and regulations of the board.

(5) Any person who installs an individual on-site wastewater disposal system shall sign and file with the department an affidavit that the system was installed in compliance with all requirements and regulations applicable to that type of system. If any person or contractor fails to comply with all requirements and regulations in the installation of the system, the board, after due notice and hearing, may levy an administrative fine not to exceed One Thousand Dollars ($1,000.00).

(6) Any provisions of this chapter regarding the department's approval of the design, construction and installation of an individual on-site wastewater disposal system shall not apply to a residence, building or facility that is located on a land tract that is two (2) acres or larger.

SECTION 4. This act shall take effect and be in force from and after July 1, 1999.