MISSISSIPPI LEGISLATURE
2002 Regular Session
To: Conservation and Water Resources
By: Representative Ellington
AN ACT TO AMEND SECTION 21-27-203, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE OPERATOR OF A SEWERAGE SYSTEM OR SEWERAGE DISPOSAL SYSTEM, INCLUDING ANY COLLECTION OR TREATMENT FACILITIES OR PLANTS ASSOCIATED WITH THE SYSTEM AND REGARDLESS OF WHETHER THE SYSTEM DOES NOT TREAT WATER, SHALL BE REQUIRED TO BE CERTIFIED; TO AMEND SECTIONS 49-17-5, 49-17-165, 49-17-169, 49-17-305 AND 49-17-309, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; TO BRING FORWARD SECTION 21-27-201 AND SECTIONS 21-27-205 THROUGH 21-27-221, MISSISSIPPI CODE OF 1972, FOR THE PURPOSES OF AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 21-27-201, Mississippi Code of 1972, is brought forward as follows:
21-27-201. Sections 21-27-201 through 21-27-221 shall be known as the "Municipal and Domestic Water and Wastewater System and Nonhazardous Solid Waste Management Facilities Operator's Certification Act of 1992."
SECTION 2. Section 21-27-203, Mississippi Code of 1972, is amended as follows:
21-27-203. For purposes of Sections 21-27-201 through 21-27-221, the following terms shall have the meanings ascribed herein, unless the context shall otherwise require:
(a) "Association" means the Mississippi Water and Pollution Control Operator's Association, Inc.
(b) "Board" means the Mississippi State Board of Health.
(c) "Commission" means the Mississippi Commission on Environmental Quality.
(d) "Community water system" means a public water system serving piped water for human consumption to, or a sewerage disposal system serving, fifteen (15) or more individual service connections used by year-round consumers or regularly serving twenty-five (25) or more individual consumers year-round, including, but not limited to, any collection, pretreatment, treatment, storage and/or distribution facilities or equipment used primarily as part of, or in connection with, that system, regardless of whether or not the components are under the ownership or control of the operator of the system and regardless of whether the system collects or distributes, but does not treat, the water.
(e) "Nontransient, noncommunity water system" means a public water system that is not a community water system and that regularly serves at least twenty-five (25) of the same persons over six (6) months per year.
(f) "Operator" means the person who directly supervises and is personally responsible for the daily operation and maintenance of a wastewater facility, community water system, nontransient, noncommunity water system, commercial nonhazardous solid waste management landfill, sewerage system as defined in Section 49-17-5, collection or treatment facilities or plants as defined in Section 49-17-165 and Section 49-17-305, or any sewer system required to be certificated by the Public Service Commission.
(g) "Person" means the state or any agency or institution of the state, any municipality, political subdivision, public or private corporation, individual, partnership, association or other entity, including 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 of the United States.
(h) "Pollution" means 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 the discharge of any liquid, gaseous, solid, radioactive or other substance or heat into any waters of the state.
(i) "Wastewater facilities" means pipelines or conduits, pumping stations, force mains, treatment plants, lagoons or any other structure, device, appurtenance or facility, whether operated individually or in any combination, used for collecting, treating and/or disposing of municipal or domestic wastewater, by either surface or underground methods, which is required to have a permit under Section 49-17-29.
(j) "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.
SECTION 3. Section 21-27-205, Mississippi Code of 1972, is brought forward as follows:
21-27-205. (1) The board shall classify all municipal and domestic water collection, storage, treatment and/or distribution systems actually used or intended for use as community water systems or nontransient, noncommunity water systems according to size, type, character of water to be treated, number of service connections, and other physical conditions affecting the operation and maintenance of those systems, and also according to the degree of skill, knowledge, training and experience required of the operators of those systems to ensure competent, efficient operation and maintenance of such systems and protection of public health.
(2) The commission shall classify all municipal and domestic wastewater facilities according to size, type, character of wastewater to be treated, and other physical conditions affecting the operation and maintenance of the facilities, and also according to the degree of skill, knowledge, training and experience required of the operators of the facilities to ensure competent, efficient operation and maintenance of the facilities and prevention of pollution of waters of the state.
(3) The commission shall establish reciprocal certification arrangements with other states and private companies that establish training and certification programs for operators of commercial nonhazardous solid waste management landfills that meet or exceed the requirements of the commercial nonhazardous solid waste management landfill operator training and certification program established by the commission.
SECTION 4. Section 21-27-207, Mississippi Code of 1972, is brought forward as follows:
21-27-207. Both the board and commission may adopt, modify, repeal and promulgate, after due notice and hearing, and may make exceptions to and grant exemptions and variances from and may enforce those rules, regulations and procedures as are necessary or appropriate to effectuate the duties and responsibilities of these agencies arising under Sections 21-27-201 through 21-27-221. The rules, regulations and procedures shall include, but not be limited to, the following: criteria for classifying municipal and domestic community water systems, nontransient, noncommunity water systems and wastewater facilities; qualifications for operators of community water systems, nontransient, noncommunity water systems and wastewater facilities; procedures for examining or testing applicants for operator certificates; procedures and fees for issuing, reissuing, modifying, revoking or terminating operator certificates; and reciprocal certification of operators certified in other states having certification requirements not less stringent than those established by the board and commission. Both the board and commission shall consult with the advisory committee established under this chapter in promulgating the rules, regulations and procedures.
SECTION 5. Section 21-27-211, Mississippi Code of 1972, is brought forward 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 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) 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) 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 temporary 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) days, except for good cause shown upon petition to the commission.
SECTION 6. Section 21-27-213, Mississippi Code of 1972, is brought forward as follows:
21-27-213. (1) Notwithstanding any provision of Sections 21-27-201 through 21-27-221 to the contrary, any person who is an operator of a municipal or domestic wastewater facility or community water system on July 1, 1986, may, on or before June 30, 1987, apply to the board or commission for, and shall be issued, an operator's certificate without examination or proof of other qualifications, if the application is accompanied by an affidavit of the owner of the facility or system verifying the status of the applicant. Any certificate so issued shall be valid only for the particular facility being operated by the applicant, and then only so long as the facility remains in the same or a lower classification as at the time the application is filed.
(2) Notwithstanding any provision of Sections 21-27-201 through 21-27-221 to the contrary, any person who is an operator of a nontransient, noncommunity water system on July 1, 1997, may, before June 30, 1998, apply to the board for an operator's certificate without examination. The application shall be accompanied by an affidavit of the owner of the system verifying the status of the applicant. The board shall consider the performance history of any system operated by the applicant in determining whether to issue a certificate under this subsection. Upon review of the performance history and the application, the board may grant or deny the issuance of a certificate under this subsection. Any certificate issued under this subsection shall be valid only for the particular facility being operated by the applicant.
SECTION 7. Section 21-27-215, Mississippi Code of 1972, is brought forward as follows:
21-27-215. Notwithstanding any provision of Sections 21-27-201 through 21-27-221 to the contrary, holders of valid certificates of competency obtained through examination under the voluntary certification program sponsored by the association may, on or before June 30, 1987, apply to the board or commission for, and shall be issued, an operator's certificate issued under the provisions of Sections 21-27-201 through 21-27-221 without further examination or proof of other qualifications, provided such state-issued certificate shall be valid only for the class of facility covered by the association certificate.
SECTION 8. Section 21-27-217, Mississippi Code of 1972, is brought forward as follows:
21-27-217. (1) Any person found by the board or commission, as the case may be, or any duly designated hearing officer appointed thereby, violating any of the provisions of Sections 21-27-201 through 21-27-221, or any rule or regulation promulgated by the board or commission hereunder, or any order issued by the board or commission in the exercise of their authority and duties hereunder, shall be subject to a civil penalty of not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00), for each violation, such penalty to be levied and assessed by the board or commission or designated hearing officer. Appeals from such actions may be taken as provided hereinafter. Each day upon which a violation occurs shall be deemed a separate and additional violation.
In determining the amount of any monetary penalty assessed hereunder, the board or commission or duly appointed hearing officer shall consider all factors bearing upon the violation, including but not limited to, any resulting actual or probable pollution of the lands and/or waters of the state and/or endangerment to public health, and the nature and extent thereof, any violation of the terms or conditions of permits issued by the board or commission for the affected facility, and any actual or probable damage to the affected facility caused by improper operation thereof.
(2) In lieu of, or in addition to, the penalty provided in subsection (1) of this section, the board and commission shall have power to institute and maintain in the name of the state any and all proceedings necessary or appropriate to enforce the provisions of Sections 21-27-201 through 21-27-221, rules and regulations in force pursuant hereto, and orders and operator certifications made and issued hereunder, in the appropriate circuit, chancery, county or justice court of the county in which venue may lie. The board and commission may obtain mandatory or prohibitory injunctive relief, either temporary or permanent.
(3) Any person found guilty of violating any provision of Sections 21-27-201 through 21-27-221, upon conviction, shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00) per day of violation.
SECTION 9. Section 21-27-219, Mississippi Code of 1972, is brought forward as follows:
21-27-219. (1) Whenever the board or commission or an employee thereof has reason to believe that a violation of any provision of a regulation or of any order of the board or commission has occurred, the board or commission may cause a written complaint to be served upon the alleged violator or violators. The complaint shall specify the provisions of Sections 21-27-201 through 21-27-221 or regulation or order alleged to have been violated and the facts alleged to constitute a violation thereof, and shall require that the alleged violator appear before the board or commission, or any duly designated hearing officer appointed thereby, at a time and place specified in the notice and answer the charges complained of. The time of appearance before the board or commission or designated hearing officer shall be not less than thirty (30) days from the date of the service of the complaint.
(2) The board or commission or designated hearing officer shall afford an opportunity for a fair hearing to the alleged violator or violators at the time and place specified in the complaint. On the basis of the evidence produced at the hearing, the board or commission or designated hearing officer shall make findings of fact and conclusions of law and enter such order as in its opinion will best further the purposes of Sections 21-27-201 through 21-27-221 and shall give written notice of such order to the alleged violator, and the board or commission or designated hearing officer may assess such penalties as hereinbefore provided.
(3) Except as otherwise expressly provided, any notice or other instrument issued by or under authority of the board or commission or designated hearing officer may be served on any person affected thereby personally or by publication, and proof of such service may be made in like manner as in case of service of a summons in a civil action, such proof to be filed in the office of the board or commission; or such service may be made by mailing a copy of the notice, order or other instrument by certified mail, directed to the person affected at his last known post office address as shown by the files or records of the board or commission, and proof thereof may be made by the affidavit of the person who did the mailing, filed in the office of the board or commission.
(4) In conducting the hearings provided in this section, any member of the board or commission, or the chief administrative officer thereof, or the duly designated hearing officer, shall have the authority to issue subpoenas to appear and give testimony, to produce records, or both, and in case of contumacy or refusal to obey a notice of hearing or subpoena issued hereunder, the circuit court shall have jurisdiction upon application of the board or commission or its representative to issue an order requiring obedience to the hearing notice or subpoena of the board or commission or designated hearing officer. Any failure to obey such court order may be punished by such court as contempt thereof. Any member of the board or commission, or the chief administrative officer thereof, or the designated hearing officer, may administer oaths. A verbatim record of the hearing shall be made. Witnesses who are subpoenaed shall receive the same fees and mileage as in civil actions.
(5) Any person aggrieved by the decision of the board or commission to issue, deny, modify or revoke any operator certification hereunder shall be entitled to a full hearing before the board or commission or duly designated hearing officer appointed thereby in the same manner as provided hereinabove, and appeals from such actions shall be in the same manner as provided hereinafter.
SECTION 10. Section 21-27-221, Mississippi Code of 1972, is brought forward as follows:
21-27-221. (1) Any person aggrieved by the final decision of any duly designated hearing officer appointed by the board or commission as a result of any hearing held under the provisions of Sections 21-27-201 through 21-27-221 may, within thirty (30) days of receipt of written notice of the action of the hearing officer, appeal such final decision to the full board or commission, as the case may be, by filing therewith a written notice of appeal. No cost bond or other security shall be required to perfect such appeal. The hearing officer shall forthwith prepare and submit to the board or commission the record made at the hearing, which shall thereupon become the record of the cause. Appeals to the board or commission shall be considered only upon the record made before the hearing officer. The board or commission shall review all findings of fact and conclusions of law of the hearing officer, together with any penalties levied, and may affirm, modify or reverse and remand the decision of the hearing officer, as may be determined to be necessary or appropriate. Appeals from the final decision of the board or commission shall be perfected as hereinafter provided.
(2) Any person aggrieved by the final decision of the board or commission as a result of any hearing held under the provisions of Sections 21-27-201 through 21-27-221, including hearings requested incidental to the issuance, denial, modification or revocation of any operator certification issued hereunder, may, within thirty (30) days of receipt of written notice of the action of the board or commission, appeal such final decision to the chancery court of the county of the situs in whole or in part of the subject matter by giving a cost bond with sufficient sureties, payable to the state in the sum of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), to be fixed by the board or commission and to be filed with and approved by the chief administrative officer of the appropriate agency, who shall forthwith certify the same together with a certified copy of the record made before the board or commission or designated hearing officer in the matter to the chancery court to which the appeal is taken, which shall thereupon become the record of the cause. An appeal to the chancery court as provided herein shall not stay the decision of the board or commission. The aggrieved party may, within such thirty (30) days, petition the said chancery court for an appeal with supersedeas and the chancellor shall grant a hearing on said petition and upon good cause shown may grant such appeal with supersedeas; the appellant shall be required to post a supersedeas bond with sufficient sureties according to law in an amount to be determined by the chancellor. Appeals shall be considered only upon the record as made before the board or commission. The chancery court shall always be deemed open for hearing of such appeals and the chancellor may hear the same in termtime or in vacation at any place in his district, and the same shall have precedence over all civil cases, except election contests. The chancery court shall review all questions of law and of fact. If no prejudicial error be found, the matter shall be affirmed. If prejudicial error be found, the same shall be reversed, and the chancery court shall remand the matter to the board or commission for appropriate action as may be indicated or necessary under the circumstances. Appeals may be taken from the chancery court to the Supreme Court in the manner as now required by law, except that if a supersedeas is desired by the party appealing to the chancery court, he may apply therefor to the chancellor thereof, who shall award a writ of supersedeas, without additional bond, if in his judgment material damage is not likely to result thereby; but otherwise, he shall require such supersedeas bond as he deems proper, which shall be payable to the state for damage.
SECTION 11. 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.
(h) "Operator" means a person who directly supervises and is personally responsible for the daily operation and maintenance of a sewerage system.
(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.
SECTION 12. Section 49-17-165, Mississippi Code of 1972, is amended as follows:
49-17-165. Whenever used in Sections 49-17-161 through 49-17-209, the following words and terms shall have the following respective meanings unless a different meaning clearly appears from the context:
(a) "Act" means the Southern Regional Wastewater Management Act, as the same may be amended.
(b) "Bonds" means any bonds, interim certificates, notes or other evidences of indebtedness of the district issued under Sections 49-17-161 through 49-17-209.
(c) "Collection facilities" means any plants, structures, facilities and other real and personal property used or useful in the collection of wastewater for ultimate discharge into trunk lines, including, without limiting the generality of the foregoing, sewers, conduits, pipelines, mains, pumping and ventilating stations, plants and works, connections and any other real and personal property and rights therein necessary or useful or convenient for the purposes of the district in connection therewith.
(d) "County" means Hancock County.
(e) "District" means the Southern Regional Wastewater Management District.
(f) "Management area" means all of the area lying within the territorial boundaries of Hancock County.
(g) "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.
(h) "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 into any waters of the state as will or is likely to create a nuisance or render such waters harmful, detrimental or injurious to public health, safety or welfare, or to domestic, commercial, industrial, agricultural, recreational or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life.
(i) "Public agency" means any incorporated city or town, county, political subdivision, governmental district or unit, public corporation or governmental agency created under the laws of the state, lying wholly or partially within the management area.
(j) "State" means the State of Mississippi.
(k) "Treatment facilities" means treatment plants and any related trunk lines.
(l) "Treatment plants" means any plants, structures, facilities and other real and personal property used or useful in the treating, neutralizing, stabilizing or disposing of wastewater, including, without limiting the generality of the foregoing plants, disposal fields and lagoons and any other real and personal property and rights therein necessary or useful or convenient for the purposes of the district in connection therewith.
(m) "Trunk lines" means trunk sewers and other structures and facilities used or useful in the conducting of wastewater from collection facilities to treatment plants, including, without limiting the generality of the foregoing, conduits, pipelines, mains, pumping and ventilating stations and any other real and personal property and rights therein necessary or useful or convenient for the purposes of the district in connection therewith.
(n) "Wastewater" means water containing sewage, industrial wastes, oil field wastes and other liquid, gaseous, solid, radioactive or other substances which may pollute or tend to pollute any waters of the state.
(o) "Operator" means a person who directly supervises and is personally responsible for the daily operation and maintenance of collection facilities, treatment facilities or treatment plants operated by the district.
SECTION 13. Section 49-17-169, Mississippi Code of 1972, is amended as follows:
49-17-169. (1) All powers of the district shall be vested in a board of directors which shall consist of the mayor of each city participating in the Southern Regional Wastewater Management District and the President of the Board of Supervisors of Hancock County. Each director may appoint a delegate to represent him at a meeting of the board.
(2) The board of directors may elect or appoint and prescribe the duties of such officers as the board of directors deems necessary or advisable, including an executive director and a secretary. The executive director, who, at the discretion of the board of directors, may also serve as secretary, shall be a person of good moral character and shall be a professional engineer registered in the State of Mississippi with a minimum of ten (10) years' recent practical experience in the management and administration of public works operations which may include, but is not limited to, supervision, public financing, regulatory codes and related functions as minimum qualifications to administer the programs and duties of the district. The executive director shall administer, manage and direct the affairs and business of the district, subject to the policies, control and direction of the board of directors. The executive director shall give bond executed by a surety company or companies authorized to do business in this state in the penal sum of Twenty-five Thousand Dollars ($25,000.00) payable to the district, conditioned upon the faithful performance of his duties and the proper accounting for all funds which may come into his hands as executive director. The secretary of the district shall keep a record of the proceedings of the district and shall be custodian of all books, documents and papers filed with the district, the minute book or journal of the district and its official seal. The secretary shall have authority to cause copies to be made of all minutes and other records and documents of the district and to certify under the seal of the district that such copies are true and accurate copies, and all persons dealing with the district may rely upon such certificates.
(3) Each director may receive as compensation a sum not to exceed One Hundred Dollars ($100.00) per month for attending meetings of the board of directors during that month and may receive reimbursement for actual and necessary expenses incurred in the performance of his duties upon express authorization of the board.
(4) Each person employed by the board as an operator shall be required to detain an operator's certificate under the provisions of Sections 21-27-201 through 21-27-221.
SECTION 14. Section 49-17-305, Mississippi Code of 1972, is amended as follows:
49-17-305. Whenever used in Sections 49-17-301 through 49-17-353, the following words and terms shall have the following respective meanings unless a different meaning clearly appears from the context:
(a) "Act" means this Mississippi Gulf Coast Regional Wastewater Authority Act, as the same may be amended.
(b) "Authority" means the Mississippi Gulf Coast Regional Wastewater Authority.
(c) "Bonds" means any bonds, interim certificates, notes or other evidences of indebtedness of the authority issued under Sections 49-17-301 through 49-17-353.
(d) "Collection facilities" means any plants, structures, facilities and other real and personal property used or useful in the collection of wastewater for ultimate discharge into trunk lines, including, without limiting the generality of the foregoing, sewers, conduits, pipelines, mains, pumping and ventilating stations, plants and works, connections and any other real and personal property and rights therein necessary or useful or convenient for the purposes of the authority in connection therewith.
(e) "County" or "counties bordering on the Gulf of Mexico" means Hancock, Harrison or Jackson County.
(f) "Persons" means a natural person, public agency, state or other agency or institution thereof, any municipality, political subdivision, cooperative or public or private corporation, partnership, association or other entity of any nature whatsoever organized and existing under the laws of any state or of the United States or any instrumentality thereof, and includes any officer or governing or managing body of any municipality, political subdivision, or public or private corporation.
(g) "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 into any waters of the state as will or is likely to create a nuisance or render such waters harmful, detrimental or injurious to public health, safety or welfare, or to domestic, commercial, industrial, agricultural, recreational or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life.
(h) "Public agency" means any incorporated city or town, county, political subdivision, governmental district or unit, public corporation or governmental agency created under the laws of the state, lying wholly or partially within the territorial boundaries of the counties bordering on the Gulf of Mexico.
(i) "State" means the State of Mississippi.
(j) "Treatment facilities" means treatment plants and any related trunk lines.
(k) "Treatment plants" means any plants, structures, facilities and other real and personal property used or useful in the treating, neutralizing, stabilizing or disposing of wastewater, including, without limiting the generality of the foregoing plants, disposal fields and lagoons and any other real and personal property and rights therein necessary or useful or convenient for the purposes of the authority in connection therewith.
(l) "Trunk lines" means trunk sewers and other structures and facilities used or useful in the conducting of wastewater from collection facilities to treatment plants, including, without limiting the generality of the foregoing, conduits, pipelines, mains, pumping and ventilating stations and any other real and personal property and rights therein necessary or useful or convenient for the purposes of the authority in connection therewith.
(m) "Wastewater" means water containing 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.
(n) "Operator" means a person who directly supervises and is personally responsible for the daily operation and maintenance of collection facilities, treatment facilities or treatment plants operated by the authority.
SECTION 15. Section 49-17-309, Mississippi Code of 1972, is amended as follows:
49-17-309. (1) All powers of the Authority shall be vested in a board of commissioners which shall be composed, and whose members shall be selected, as follows:
(a) Initially, the board of commissioners shall be composed as follows:
(i) Within thirty (30) days of the effective date of Sections 49-17-301 through 49-17-353, the board of supervisors of each county and the governing body of each incorporated city or town lying within such county shall nominate one (1) person for appointment by the Governor to the board of commissioners.
(ii) Within thirty (30) days following such nomination, each such board of supervisors and such governing body of an incorporated city or town lying within said county shall certify in writing to the Governor the nominations of the individuals for appointment to the board of commissioners; provided, that each such board of supervisors or such governing body shall nominate only individuals who are residents of its respective county and who do not hold any elected public office or any position as a paid employee of any public agency.
(iii) Within fifteen (15) days of receiving such nominations, the Governor shall appoint to the board of commissioners of the Authority each individual so nominated. Each member of the board of commissioners appointed as provided in subsection (1)(a) of this section shall remain in office until the time of reorganization of the board of commissioners as provided in subsection (1)(b) of this section.
(b) At such time as determined by the board of commissioners, but in no event later than one (1) year following the effective date of Sections 49-17-301 through 49-17-353, the board of commissioners shall adopt a resolution declaring the commencement of the reorganization of said board, which reorganization shall be as follows:
(i) Each member of the board of commissioners appointed by a board of supervisors of a county or by a governing body of an incorporated city or town which has not prior to the declaration of commencement of the reorganization of the board contracted with the Authority under the provisions of Sections 49-17-301 through 49-17-353, shall have his or her term of office automatically terminated by operation of Sections 49-17-301 through 49-17-353 and no appointment of a successor shall thereafter be permitted, except as provided in subsection (1)(b)(iv) of this section.
(ii) Within thirty (30) days of the declaration of commencement of the reorganization of the board, the chairman of the board as reconstituted under the provision of subsection (1)(b)(i) of this section, shall certify the nomination in writing to the Governor of the individual members of the board of commissioners who were originally nominated by such board of supervisors or the governing body of an incorporated city or town lying within said county prior to its reconstitution and who are selected for removal from the board of commissioners.
(iii) Within fifteen (15) days of receiving the nominations for removal made in accordance with subsection (1)(b)(ii) of this section, the Governor shall dismiss from office each individual member of the board of commissioners of the Authority so nominated. The Governor shall thereupon establish staggered terms of office for the remaining members of the board of commissioners; provided, however, that each term of office shall be not less than two (2) years, nor more than six (6) years and the terms of all offices with respect to each such county shall be staggered over time as evenly as practicable, as shall be determined by the Governor. Each member shall remain in office for the period of such member's term and until a successor shall be duly appointed and qualified.
(iv) The number of members of the board of commissioners shall be increased by one (1) each time a county, or an incorporated city or town, which has not theretofore contracted with the Authority enters into such a contract. Within fifteen (15) days following the entering into of said contract, the board of supervisors of the county, or the governing body of the incorporated city or town, entering into such contract shall nominate for appointment one (1) person to the board of commissioners for the county entering into such contract or in which such incorporated city or town is located. Within fifteen (15) days following the execution of such contract, the board of commissioners shall certify in writing to the Governor the individual nominated for appointment to the board of commissioners. The Governor shall appoint such individual so nominated to the board of commissioners of the Authority within fifteen (15) days of receiving such certification. The Governor shall establish the term of office of such member of the board of commissioners in compliance with the provisions of subsection (1)(b)(iii) of this section regarding staggered terms.
(v) The successor of each member of the board of commissioners shall be nominated and appointed in the same manner provided in subsection (1)(b)(iv) of this section for the nomination and appointment of additional members, and shall serve a term of six (6) years, and for such period thereafter until a successor shall be duly appointed and qualified.
(c) Each member of the board of commissioners shall be eligible for reappointment. All vacancies shall be filled by nomination and appointment in the same manner provided in subsection (1)(b)(v) of this section for the appointment of successors, provided that any person appointed to fill a vacancy shall serve only for the unexpired term. Any member may be removed at any time prior to the expiration of said member's term of office for misfeasance, malfeasance or willful neglect of duty, as determined by the Governor with the concurrence of the nominating public agency. Before assuming office, each member shall take and subscribe to the constitutional oath of office before a chancery clerk, and a record of such oath shall be filed with the Secretary of State. The board of commissioners shall annually select a chairman and a vice chairman from among its members.
(2) The board of commissioners shall elect or appoint and prescribe the duties of such officers as the board of commissioners deems necessary or advisable, including a general manager and a secretary. The general manager, who, at the discretion of the board of commissioners, may also serve as secretary, shall be a person of good moral character and shall be a person of proven ability as an administrator with a minimum of five (5) years' experience in the management and administration of a public works operation or comparable experience which may include, but is not limited to, supervision, public financing, regulatory codes and related functions as minimum qualifications to administer the programs and duties of the Authority. The general manager shall administer, manage and direct the affairs and business of the Authority, subject to the policies, control and direction of the board of commissioners. The general manager shall give bond executed by a surety company or companies authorized to do business in this state in the penal sum of Fifty Thousand Dollars ($50,000.00) payable to the Authority conditioned upon the faithful performance of his duties and the proper accounting for all funds which may come into his hands as general manager. The secretary of the Authority shall keep a record of the proceedings of the Authority and shall be custodian of all books, documents and papers filed with the Authority, the minute book or journal of the Authority and its official seal. The secretary shall have authority to cause copies to be made of all minutes and other records and documents of the Authority and to certify under the seal of the Authority that such copies are true and accurate copies, and all persons dealing with the Authority may rely upon such certificates.
(3) Upon express, prior authorization of the Authority, each commissioner may receive a per diem of not to exceed Fifty Dollars ($50.00) per day for attending each day's meeting of the board of commissioners and for each day spent in attending to the business of the Authority and, in addition, may receive reimbursement for actual and necessary expenses incurred.
(4) Each person employed by the board as an operator shall be required to obtain an operator's certificate under the provisions of Sections 21-27-201 through 21-27-221.
SECTION 16. This act shall take effect and be in force from and after July 1, 2002.