Senate Bill 2813

AN ACT TO AMEND SECTION 19-3-101, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A COUNTY COOPERATIVE SERVICE DISTRICT THAT PROVIDES ITS OWN GARBAGE, RUBBISH OR SOLID WASTE COLLECTION OR DISPOSAL SERVICES AND DOES NOT CONTRACT WITH A PRIVATE COMPANY OR BUSINESS TO PERFORM THOSE SERVICES MAY MAKE THE SERVICE AVAILABLE ONLY FOR COLLECTION OR DISPOSAL OF RESIDENTIAL GENERATORS OF GARBAGE, RUBBISH AND SOLID WASTE AND MAY NOT PROVIDE THESE SERVICES FOR INDUSTRIAL OR COMMERCIAL GENERATORS OF GARBAGE, RUBBISH OR SOLID WASTE EXCEPT WHERE THERE IS NOT AVAILABLE A PRIVATE COMPANY OR BUSINESS TO PROVIDE SUCH SERVICES FOR INDUSTRIAL OR COMMERCIAL GENERATORS; TO PROVIDE THAT WHERE THERE IS NOT AVAILABLE A PRIVATE COMPANY OR BUSINESS TO PROVIDE GARBAGE, RUBBISH OR SOLID WASTE COLLECTION OR DISPOSAL SERVICES FOR INDUSTRIAL OR COMMERCIAL GENERATORS, THE COUNTY, MUNICIPALITY, AUTHORITY OR DISTRICT SHALL COLLECT AND DISPOSE OF RESIDENTIAL GARBAGE, RUBBISH AND SOLID WASTE SEPARATE AND APART FROM INDUSTRIAL OR COMMERCIAL GARBAGE, RUBBISH AND SOLID WASTE AND SHALL NOT MIX OR COMBINE RESIDENTIAL GARBAGE, RUBBISH AND SOLID WASTE WITH INDUSTRIAL OR COMMERCIAL GARBAGE, RUBBISH AND SOLID WASTE; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 19-3-101, Mississippi Code of 1972, is amended as follows:

19-3-101. (1) The board of supervisors of any county in this state may, by order duly entered on its minutes, join with any other county or counties in this state to establish a county cooperative service district for the purpose of instituting planning and mutual cooperation among counties to improve the delivery of services to, and the provision of benefits for, all citizens of participating counties by the joint financing, construction and administration of governmental services and facilities.

(2) Any power, authority or responsibility which may be lawfully exercised by a county, except for the imposition of taxesmay be exercised jointly by participating counties through the board of commissioners of a county cooperative service district, hereinafter in Sections 19-3-101 through 19-3-115, referred to as the "district," unless in a resolution of a board of supervisors creating the district the exercise of a particular power is specifically excluded. The district shall have authority to prepare or have prepared a water resources study or other environmental studies; however, any action by the district which will have an impact upon groundwater resources shall only be implemented consistent with an official statewide water management plan or with the approval of the Commission on Environmental Quality.

(3) If a county cooperative service district establishes a garbage, rubbish or solid waste collection or disposal service, the district may provide the service for residential generators only and may not provide the service for industrial or commercial generators except in a participating county in which there is no private company or business to provide garbage, rubbish or solid waste collection or disposal services to industrial or commercial generators. In a participating county in which there is no private company or business to provide garbage, rubbish or solid waste collection or disposal services to industrial or commercial generators, the district shall collect and dispose of residential garbage, rubbish and solid waste separate and apart from industrial or commercial garbage, rubbish and solid waste and shall not mix or combine residential garbage, rubbish and solid waste with industrial or commercial garbage, rubbish and solid waste.

SECTION 2. This act shall take effect and be in force from and after July 1, 2003.