MISSISSIPPI LEGISLATURE
2005 Regular Session
To: Environment Prot, Cons and Water Res; Public Health and Welfare
By: Senator(s) Moffatt
AN ACT TO AMEND SECTION 41-67-1, MISSISSIPPI CODE OF 1972, TO STATE PUBLIC POLICY REGARDING INDIVIDUAL ON-SITE WASTEWATER DISPOSAL SYSTEMS; TO AMEND SECTION 41-67-2, MISSISSIPPI CODE OF 1972, TO DEFINE CERTAIN TERMS; TO AMEND SECTION 41-67-3, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE BOARD OF HEALTH SHALL DETERMINE THE SUITABILITY OF INDIVIDUAL ON-SITE WASTEWATER DISPOSAL SYSTEMS IN SUBDIVISIONS; TO REQUIRE BOARD OF HEALTH APPROVAL OF SYSTEMS BEFORE PUBLIC WATER SOURCE MAY BE CONNECTED TO SITE; TO AMEND SECTION 41-67-4, MISSISSIPPI CODE OF 1972, TO PROVIDE STANDARDS FOR THE BOARD OF HEALTH TO DETERMINE SUITABILITY OF INDIVIDUAL ON-SITE WASTEWATER DISPOSAL SYSTEMS WHEN COMPARED TO THE FEASIBILITY OF CENTRALIZED SYSTEMS IN SUBDIVISIONS; TO REMOVE THE AUTHORITY OF THE COMMISSION ON ENVIRONMENTAL QUALITY RELATING TO FEASIBILITY DETERMINATION OF CENTRALIZED SEWERAGE SYSTEMS; TO AMEND SECTION 41-67-6, MISSISSIPPI CODE OF 1972, TO REVISE INSTALLATION DEADLINES AND PROCEDURES; TO INCREASE THE ADMINISTRATIVE PENALTY FOR INSTALLATION OF SYSTEMS IN VIOLATION OF LAW OR REGULATIONS; TO AMEND SECTION 41-67-11, MISSISSIPPI CODE OF 1972, TO PROVIDE REQUIREMENTS FOR THE USE OF TEMPORARY INDIVIDUAL ON-SITE WASTEWATER DISPOSAL SYSTEMS; TO AMEND SECTION 41-67-15, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE DEPARTMENT OF HEALTH SHALL NOT ENFORCE LOCAL ORDINANCES; TO PROVIDE THAT A BOARD OF SUPERVISORS MAY NOT RESTRICT OR PROHIBIT THE USE OF ANY TYPE OF INDIVIDUAL ON-SITE WASTEWATER DISPOSAL SYSTEM THAT THE DEPARTMENT RECOMMENDS AS SUITABLE FOR A TRACT OF LAND; TO AMEND SECTION 41-67-25, MISSISSIPPI CODE OF 1972, TO REQUIRE PERFORMANCE BONDS FOR INSTALLERS AND TO PROVIDE A PENALTY FOR INSTALLERS WHO OPERATE WITHOUT CERTIFICATION FROM THE BOARD OF HEALTH; TO AMEND SECTION 41-67-27, MISSISSIPPI CODE OF 1972, TO CLARIFY REGISTRATION REQUIREMENTS FOR MANUFACTURERS OF INDIVIDUAL ON-SITE WASTEWATER DISPOSAL SYSTEMS; TO AMEND SECTION 41-67-29, MISSISSIPPI CODE OF 1972, TO REVISE THE APPELLATE PROCEDURE FOR PERSONS AGGRIEVED BY DECISIONS OF THE DEPARTMENT OF HEALTH; TO CONFORM APPEALS PROCEDURE TO STANDARD APPELLATE PROCESS OF THE DEPARTMENT OF HEALTH; TO AMEND SECTIONS 41-67-5, 41-67-7, 41-67-9 AND 41-67-10, MISSISSIPPI CODE OF 1972, TO CONFORM; TO PROVIDE FOR THE CERTIFICATION OF MAINTENANCE PROVIDERS; TO PROVIDE FOR THE LICENSING OF PERSONS REMOVING AND DISPOSING OF SLUDGE FROM INDIVIDUAL ON-SITE WASTEWATER DISPOSAL SYSTEMS; TO REQUIRE CERTIFICATION OF CERTIFIED PROFESSIONAL EVALUATORS; TO ESTABLISH REQUIREMENTS FOR CERTIFIED PROFESSIONAL EVALUATORS; TO AMEND SECTIONS 19-5-173 AND 19-5-177, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT WASTEWATER DISPOSAL DISTRICTS SHALL PAY FOR THE EXPENSE OF CONNECTING TO A CENTRALIZED SYSTEM IF THE DISTRICT REQUIRES AN OWNER OF AN INDIVIDUAL ON-SITE WASTEWATER DISPOSAL SYSTEM TO CONNECT TO THE CENTRALIZED SYSTEM; TO PROHIBIT THE DISTRICT FROM CHARGING A FEE FOR THE MAINTENANCE OR INSPECTION OF AN INDIVIDUAL ON-SITE WASTEWATER DISPOSAL SYSTEM; TO REPEAL SECTION 41-67-8, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR DUTIES OF THE PERMIT BOARD WHEN WASTE IS DISCHARGED OFF-SITE; TO REPEAL SECTION 41-67-16, MISSISSIPPI CODE OF 1972, WHICH REQUIRED A STUDY OF ALL INDIVIDUAL ON-SITE WASTEWATER DISPOSAL SYSTEMS; TO REPEAL SECTION 41-67-31, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE REPEAL OF THE "MISSISSIPPI INDIVIDUAL ON-SITE WASTEWATER DISPOSAL SYSTEM LAW"; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 41-67-1, Mississippi Code of 1972, is amended as follows:
41-67-1. (1) This chapter shall be known and may be cited as the "Mississippi Individual On-Site Wastewater Disposal System Law."
(2) It is the purpose of the Legislature through this chapter to protect human health and the environment while providing for reasonable use of individual on-site wastewater disposal systems. The Legislature finds that continued installation and operation of individual on-site wastewater disposal systems in a faulty or improper manner, in a manner that lacks essential maintenance for the system, or in areas where unsuitable soil and population density adversely affect the efficiency and functioning of these systems, has a detrimental effect on the public health and welfare and the environment through contamination of land, groundwater and surface waters. The Legislature, therefore, expresses a general preference for the installation and operation of centralized sewerage systems in Mississippi, where feasible. The Legislature recognizes, however, that individual on-site wastewater treatment and disposal systems help meet the needs of the state's citizens, especially in rural locations, and can be rendered ecologically safe and protective of the public health if the systems are designed, installed, constructed, maintained and operated properly. It is the intent of the Legislature to allow the continued installation, use and maintenance of individual on-site wastewater disposal systems in a manner that will not jeopardize public health and welfare or the environment.
SECTION 2. Section 41-67-2, Mississippi Code of 1972, is amended as follows:
41-67-2. For purposes of this chapter, the following words shall have the meanings ascribed herein unless the context clearly indicates otherwise:
(a) "Advanced treatment system" means individual on-site wastewater treatment systems that comply with Section 41-67-10.
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(b) "Alternative system" means any on-site sewage treatment and disposal system used in lieu of a conventional system.
(c) "Board" means the Mississippi State Board of Health.
(d) "Centralized sewerage system" means pipelines or conduits, pumping stations, force mains, and all other construction, devices and appliances appurtenant thereto, used for the collection and conveyance of sewage to a treatment works or point of ultimate disposal other than an individual on-site wastewater disposal system.
(e) "Certified maintenance provider" means any person or business entity that holds a written certification issued by the department allowing the person to provide maintenance services associated with approved on-site wastewater treatment and disposal systems.
(f) "Certified professional evaluator" means any person who has met the requirements of Section 18 of this act.
(g) "Conventional system" means an individual on-site wastewater disposal system consisting of a septic tank and gravity-fed subsurface disposal field.
(h) "Department" means the Mississippi State Department of Health.
(i) "Generator" means any person whose act or process produces sewage or other material suitable for disposal in an individual on-site wastewater disposal system.
(j) "Individual on-site wastewater disposal system" means a * * * sewage treatment and effluent disposal system that does not discharge into waters of the state, that serves only one (1) legal tract, that accepts only human sanitary waste and similar waste streams maintained on the property of the generator, and that is designed and installed in accordance with this law, and regulations of the board * * *.
(k) "Installer" means any person who has met the requirements of Section 41-67-25.
(l) "Performance-based system" means an individual on-site wastewater disposal system designed to meet standards established to designate a level of treatment of wastewater that an individual on-site wastewater disposal system must meet, including, but not limited to, biochemical oxygen demand, total suspended solids, nutrient reduction and fecal coliform.
(m) "Person" means any individual, trust, firm, joint-stock company, public or private corporation (including a government corporation), partnership, association, state, or any agency or institution thereof, municipality, commission, political subdivision of a state or any interstate body, and includes any officer or governing or managing body of any municipality, political subdivision, or the United States or any officer or employee thereof.
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(n) "Property of the generator" means land owned by or under permanent legal easement or lease to the generator.
(o) "Subdivision" means any tract or combination of adjacent tracts of land that is subdivided into ten (10) or more * * * tracts, sites or parcels for the purpose of commercial or residential development.
SECTION 3. Section 41-67-3, Mississippi Code of 1972, is amended as follows:
41-67-3. (1) The State Board of Health shall have the following duties and responsibilities:
(a) To exercise general supervision over the design, construction, operation and maintenance of individual on-site wastewater disposal systems * * *;
(b) To adopt, modify, repeal and promulgate rules and regulations, after due notice and hearing, and where not otherwise prohibited by federal or state law, to make exceptions to, to grant exemptions from and to enforce rules and regulations implementing or effectuating the duties of the board under this chapter to protect the public health. The board may grant variances from rules and regulations adopted under this chapter, including requirements for buffer zones, or from setbacks required under Section 41-67-7 where the granting of a variance shall not subject the public to unreasonable health risks or jeopardize environmental resources;
(c) To provide or deny certification for persons engaging in the business of the design, construction or installation of individual on-site wastewater disposal systems and persons engaging in the removal and disposal of the sludge and liquid waste from those systems;
(d) To suspend or revoke certifications issued to persons engaging in the business of the design, construction or installation of individual on-site wastewater disposal systems or persons engaging in the removal and disposal of the sludge and liquid waste from those systems, when it is determined the person has violated this chapter or applicable rules and regulations; * * *
(e) To require the submission of information deemed necessary by the department to determine the suitability of individual lots for individual on-site wastewater disposal systems; and
(f) To adopt, modify, repeal and promulgate rules and regulations, after due notice and hearing, and where not otherwise prohibited by federal or state law, as necessary to determine the suitability of individual on-site wastewater disposal systems in subdivisions.
(2) Nothing in this chapter shall preclude a certified professional evaluator from providing services relating to the design * * * of an individual on-site wastewater disposal system to comply with this chapter; except for performance-based systems as specified in subsection (4) of this section. * * * A certified professional evaluator shall notify the department in writing of those services being provided prior to construction or installation. If a certified professional evaluator designs * * * a design-based individual on-site wastewater disposal system consistent with this chapter, the certified professional evaluator shall stamp the appropriate documentation with that certified professional evaluator's appropriate registration or licensure number, if applicable, and the department's certification number and submit the stamped, appropriate documentation to the department for review. Once the department has concurred that the recommended system will adequately treat and dispose of all waste, will maintain the waste on the property of the generator, will not discharge to waters of the state and be in compliance with this law and the corresponding regulations, the department shall approve the design * * * of the system. * * * Construction or installation * * * prior to department approval is prohibited.
(3) To assure the effective and efficient administration of this chapter, the board shall adopt rules governing the design, construction or installation, operation and maintenance of individual on-site wastewater disposal systems, including rules concerning the:
(a) Review and approval of individual on-site wastewater disposal systems in accordance with Section 41-67-6;
(b) Certification of installers of individual on-site wastewater disposal systems and persons engaging in the removal and disposal of the sludge and liquid waste from those systems; * * *
(c) Registration and requirements for testing and listing of manufacturers of advanced treatment systems;
(d) Certification of maintenance providers; and
(e) Certification of certified professional evaluators.
(4) In addition, the board shall adopt rules establishing performance standards for individual on-site wastewater disposal systems for single family residential generators and rules concerning the operation and maintenance of individual on-site wastewater disposal systems designed to meet those standards. The performance standards shall be consistent with the federal Clean Water Act, maintaining the wastes on the property of the generator * * *, and protection of the public health. Rules for the operation and maintenance of individual on-site wastewater disposal systems designed to meet performance standards shall include rules concerning the following:
(a) A standard application form and requirements for supporting documentation;
(b) Application review;
(c) Approval or denial of authorization for proposed systems;
(d) Requirements, as deemed appropriate by the board, for annual renewal of authorization;
(e) Enforcement of the requirements and conditions of authorization; and
(f) Inspection, monitoring, sampling and reporting on the performance of the system.
Any system proposed for authorization in accordance with performance standards must be designed and certified by a professional engineer registered in the State of Mississippi who is a certified professional evaluator and must be authorized by the board before installation. * * *
(5) To the extent practicable, all rules and regulations adopted under this chapter shall give maximum flexibility to persons installing individual on-site wastewater disposal systems and a maximum number of options consistent with the federal Clean Water Act, consistent with maintaining the wastes on the property of the generator * * *, and consistent with protection of the public health. In addition, all rules and regulations, to the extent practicable, shall encourage the use of economically feasible systems, including alternative techniques and technologies for individual on-site wastewater disposal.
(6) All regulations shall be applied uniformly in all areas of the state and shall take into consideration and make provision for different types of soil in the state when performing soil and site evaluations.
(7) No public utility supplying water shall make connection to any dwelling house, mobile home or residence without the prior written approval of the department certifying that the sewage treatment and disposal system at the location of the property complies with this chapter. Temporary connections of water utilities may be made during construction if the department has approved a plan for a sewage treatment and disposal system and the owner of the property has agreed to have the system inspected and approved by the department prior to the use or occupancy of the property.
SECTION 4. Section 41-67-4, Mississippi Code of 1972, is amended as follows:
41-67-4. (1) In all subdivisions where the developer proposes the use of individual on-site wastewater disposal systems as opposed to centralized sewerage systems and upon the submission by the developer of a * * * design and feasibility study prepared by a professional engineer registered in the State of Mississippi, the board shall make a determination as to the suitability of individual on-site wastewater disposal systems as compared to the feasibility of establishing a centralized sewerage system. In determining whether the centralized sewerage system is feasible, the board shall consider, at a minimum, the following:
(a) No person shall install an individual on-site wastewater disposal system in any subdivision, as defined in this chapter, unless the board has determined that individual on-site wastewater disposal systems can be designed, installed, operated and maintained in accordance with this law and applicable regulations of the board, that the individual on-site wastewater disposal systems will properly treat and maintain all wastewater on the property of the generator, and that the use of the on-site wastewater disposal systems will comply with all other requirements. In subdivisions that otherwise meet the requirements of this chapter and applicable regulations of the board, the board shall utilize criteria set out in paragraph (b) of this subsection to make its economic determination of the suitability of individual on-site wastewater disposal systems.
(b) The initial capital costs of providing a centralized sewerage system and the initial capital costs of connecting to an existing collection system shall each be compared with the cost of providing appropriate individual on-site treatment for each lot. If the cost on a per lot basis for providing a centralized sewerage system is not more than one hundred twenty-five percent (125%) of the cost of an individual on-site system technology recommended by the department or a certified professional evaluator, then a centralized sewerage system will be deemed feasible. If the cost on a per lot basis for connecting to an existing collection system is not more than one hundred twenty-five percent (125%) of the cost of an individual on-site system technology recommended by the department or a certified professional evaluator, then connecting to an existing collection system will be deemed feasible. In such case that the cost on a per lot basis for providing a centralized sewerage system and the cost on a per lot basis for connecting to an existing collection system are both not more than one hundred twenty-five percent (125%) of the cost of an individual on-site system technology recommended by the department or a certified professional evaluator, then connecting to an existing collection system will be deemed the feasible alternative. If a centralized sewerage system or connecting to an existing collection system has been deemed feasible, no individual on-site units shall be approved for the subdivision.
(c) The department shall evaluate the area in which the proposed subdivision is to be located near environmentally sensitive waters. Environmentally sensitive waters include lakes, reservoirs or other waters whose uses are recreational, shellfish harvesting or public water supply as determined by the Commission on Environmental Quality, or private water supply or other waters as deemed by the department. The Commission on Environmental Quality shall adopt regulations specifying objective criteria to determine what constitutes environmentally sensitive waters. A subdivision adjacent to or in close proximity of these waters and which drain to these waters or to a tributary of these waters shall provide a centralized sewerage system or shall connect to an existing wastewater system. For a subdivision in which both a centralized sewerage system and connection to an existing collection system are not feasible due to paragraph (b) of this subsection and that is adjacent to or in close proximity of these waters and which drain to these waters or to a tributary of these waters, the department may allow the use of individual on-site treatment in accordance with Section 41-67-7 upon the creation of a decentralized wastewater management entity to ensure proper operation and maintenance, including repair and replacement of the individual on-site treatment systems.
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(2) No feasibility study or community sewerage system shall be required for subdivisions designed, laid out, platted or partially constructed before July 1, 1988, or for any subdivision that was platted and recorded during the period from July 1, 1995, through June 30, 1996.
SECTION 5. Section 41-67-5, Mississippi Code of 1972, is amended as follows:
41-67-5. (1) No owner, lessee or developer shall construct or place any mobile, modular or permanently constructed residence, building or facility, which may require the installation of an individual on-site wastewater disposal system, without having first submitted a notice of intent to the department. Upon receipt of a notice of intent, the department shall provide the owner, lessee or developer with complete information on individual on-site wastewater disposal systems, including, but not limited to, applicable rules and regulations regarding the design, construction, installation, operation and maintenance of individual on-site wastewater disposal systems and known requirements of lending institutions for approval of the systems.
(2) No temporary water service connection shall be provided to any mobile, modular or permanently constructed residence, building or facility unless the owner, lessee or developer shows proof of the submission of the notice of intent required by this section.
(3) The department shall furnish to the county tax assessor or collector, upon request, the name and address of the person submitting a notice of intent and the section, township and range of the lot or tract of land on which the individual on-site wastewater disposal system will be installed.
SECTION 6. 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 certified professional evaluator 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. * * * 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 * * *, and consistent with protection of the public health. The system or systems recommended shall be environmentally sound and cost-effective. The department or a certified professional evaluator 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 * * * required. Upon completion of installation of the system, 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. * * * Whenever a person requests approval of an individual on-site wastewater disposal system and has met the requirements in subsection (7), the department must approve or disapprove the request within five (5) working days. If the department disapproves the request, the department shall state in writing the reasons for the disapproval. If the department does not respond to the request within ten (10) calendar days, the request for approval of the individual on-site wastewater disposal system shall be deemed approved.
(2) Within thirty (30) days of receipt of a request for determination of suitability of individual on-site wastewater disposal systems in a subdivision, the department shall advise the developer in writing either that all necessary information needed for determination of suitability has been received or state the additional information needed by the department for determination of suitability.
(3) Whenever a developer requests a determination of suitability of individual on-site wastewater disposal systems in a subdivision, the department must make the determination within forty-five (45) days after receipt of all necessary information needed for the determination of suitability from the developer. The department shall state in writing the reasons for its determination.
(4) (a) The installer or certified professional evaluator shall notify the department prior to beginning construction of an individual on-site wastewater disposal system and, at that time, schedule a time for inspection of the system with the appropriate county department of health.
(b) An installer shall not cover his work with soil or other surface material unless the installer has received authorization to cover the system after an inspection by a county department of health inspector or a certified professional evaluator.
(5) 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.
(6) * * * 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 Ten Thousand Dollars ($10,000.00). Each wastewater system installed not in compliance with this chapter or applicable rules and regulations of the board shall be considered a separate offense.
(7) After construction or installation of the individual on-site wastewater disposal system, the property owner or his agent shall provide a final approval request containing the following to the department:
(a) A signed affidavit from the installer or certified evaluator and any additional required documentation that the system was installed in compliance with all requirements, regulations and permit conditions applicable to the system installed; and
(b) For any system that contains an electric operational component, a continuing maintenance contract signed by the property owner and a certified maintenance provider.
SECTION 7. Section 41-67-7, Mississippi Code of 1972, is amended as follows:
41-67-7. Individual on-site wastewater disposal systems shall be considered acceptable on lots in areas or subdivisions where prior to the sale of the lots, the following requirements are met:
(1) Individual on-site wastewater disposal systems with underground absorption fields shall be considered acceptable, provided the following requirements are met:
(a) Sewers are not available or feasible;
(b) The existing disposal systems in the area are functioning satisfactorily;
(c) Soil types, soil texture, seasonal water tables and other limiting factors are satisfactory for underground absorption; and
(d) Any private water supply is located at a higher elevation or must be properly protected and at least fifty (50) feet from the individual on-site wastewater disposal system and at least one hundred (100) feet from the disposal field of the system.
(2) Except for systems utilizing underground absorption, alternative individual on-site wastewater disposal systems shall be considered acceptable, provided the following requirements are met:
(a) Sewers are not available or feasible; and
(b) The systems meet applicable water quality requirements of the federal Clean Water Act and also requirements of the board and department. * * *
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SECTION 8. Section 41-67-9, Mississippi Code of 1972, is amended as follows:
41-67-9. (1) Existing individual on-site wastewater disposal systems shall be considered acceptable, provided the following requirements are met:
(a) The lot is located in an area or subdivision where individual on-site wastewater disposal systems are considered acceptable under this chapter;
(b) The residence, building or facility has previously been occupied for a period of time deemed by the department necessary to determine the functioning capability of the individual on-site wastewater disposal system;
(c) The system is functioning properly with no evidence that any insufficiently treated effluent is or has been seeping to the surface of the ground and any discharge of treated effluent is confined within the boundaries of the property of the generator * * *; and
(d) If a private water supply well is present, the well should be located at a higher elevation than the disposal system and is protected from surface contamination by a concrete slab of a thickness of at least four (4) inches extending at least two (2) feet in all directions from the well casing.
(2) If an existing residential individual on-site wastewater disposal system is malfunctioning, the system should be replaced, where possible, with a system meeting all requirements of this chapter and rules and regulations of the board. If replacement of the existing system is not possible, the existing system shall be repaired to reduce the volume of effluent, to adequately treat the effluent and to the greatest extent possible, to confine the discharge to the property of the generator * * *. If repairs are made to significantly upgrade the existing individual on-site wastewater disposal system, the department shall approve the system, if requested.
SECTION 9. Section 41-67-10, Mississippi Code of 1972, is amended as follows:
41-67-10. Advanced treatment systems may be installed only if they have been tested and are listed by a third-party certifying program at the time of installation. Advanced treatment systems shall be in compliance with standards for a Class I system as defined by the most current revision of American National Standards Institute/National Sanitation Foundation (ANSI/NSF) International Standard Number 40, hereby incorporated by reference. * * * An approved third-party certifying program shall comply with the following provisions for systems which it has certified to be installed in Mississippi:
(a) Be accredited by the American National Standards Institute;
(b) Have established procedures which send representatives to distributors in Mississippi on a recurring basis to conduct evaluations to assure that distributors of certified advanced treatment systems are providing proper maintenance, have sufficient replacement parts available and are maintaining service records;
(c) Notify the department of the results of monitoring visits to manufacturers and distributors within sixty (60) days of the conclusion of the monitoring; and
(d) Submit completion reports on testing and any other information as the department may require for its review.
SECTION 10. 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 an area where individual on-site wastewater disposal systems otherwise would not be approved because of the availability or feasibility of connection to a centralized sewerage system only after a contract has been awarded or other definite commitments as are deemed sufficient to the department are formalized 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 when the municipal or community sewers shall be completed and available for use within thirty-six (36) months. The department may approve the installation of a temporary system under these circumstances only if the system shall comply with the requirements of Section 41-67-5(1) and comply with all construction requirements of the board. The temporary system may be installed only after the developer has signed a written agreement with the centralized sewer provider stating that the developer will connect to the centralized sewer system when it becomes available, and the provider of the centralized sewer system being constructed certifies that the centralized sewer system will have adequate capacity to accept the sewage to be produced by the temporary systems. The developer shall install an internal sewage collection system from each lot to the connection point to the central sewer system as he develops the curbs, gutters and streets of the subdivision. Upon completion of the sewer construction, all systems shall be abandoned and all residences, buildings or facilities connected to the sewer.
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(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 * * *.
SECTION 11. Section 41-67-15, Mississippi Code of 1972, is amended as follows:
41-67-15. (1) Nothing in this chapter shall limit the authority of a municipality or board of supervisors to adopt similar ordinances which may be, in whole or in part, more restrictive than this chapter, and in those cases the more restrictive ordinances will govern, except as provided in subsection (2).
(2) (a) If a centralized sewerage system is not available, a board of supervisors shall not prohibit or restrict the use of any type of individual on-site wastewater disposal systems recommended by the department as suitable for that tract of land.
(b) The board of supervisors shall not charge a fee for the maintenance or inspection of an individual on-site wastewater disposal system.
(c) If the board of supervisors requires an owner of an individual on-site wastewater disposal system to connect to a centralized sewerage system, the board of supervisors shall pay for the connection to the centralized system.
(3) The department shall not enforce any ordinance adopted by a municipality or board of supervisors.
SECTION 12. Section 41-67-25, Mississippi Code of 1972, is amended as follows:
41-67-25. (1) A person may not operate as an installer of individual on-site wastewater disposal systems * * * unless that person is currently certified by the department. * * * A person who installs an individual on-site wastewater disposal system on his own property for his primary residence is not considered an installer for purposes of this subsection.
(2) An installer of alternative systems or products must be a factory-trained and authorized representative. The manufacturer must furnish documentation to the department certifying the satisfactory completion of factory training and the establishment of the installer as an authorized manufacturer's representative.
(3) The board shall issue a certification to an installer if the installer:
(a) Completes an application form that complies with this chapter and rules adopted under this chapter;
(b) Satisfactorily completes the training program provided by the department;
(c) Pays the annual certification fee; and
(d) Provides proof of having a valid general business liability insurance policy in effect with liability limits of at least Fifty Thousand Dollars ($50,000.00) per occurrence and at least One Hundred Thousand Dollars ($100,000.00) in total aggregate amount that includes coverage for product and completed work.
(4) Each installer shall furnish proof of certification to a property owner, lessee, the owner's representative or occupant of the property on which an individual on-site wastewater disposal system is to be designed, constructed, repaired or installed by that installer and to the department or its authorized representative, if requested.
(5) The department shall provide for annual renewal of certifications.
(6) (a) An installer's certification may be suspended or revoked by the board after notice and hearing if the installer violates this chapter or any rule or regulation adopted under this chapter.
(b) The installer may appeal a suspension or revocation under this section as provided by law.
(7) The department semiannually shall disseminate to the public an official list of certified installers and provide to county health departments a monthly update of the list.
(8) If any person operating in the state as an installer without certification by the board, the board, after due notice and opportunity for a hearing, may impose a monetary penalty not to exceed Ten Thousand Dollars ($10,000.00) for each violation.
SECTION 13. Section 41-67-27, Mississippi Code of 1972, is amended as follows:
41-67-27. It is unlawful for a manufacturer of an individual on-site wastewater disposal system, advanced treatment system, or alternate treatment system to operate a business in or to do business in the State of Mississippi without holding a valid manufacturer's registration issued by the department.
SECTION 14. Section 41-67-29, Mississippi Code of 1972, is amended as follows:
41-67-29. Any person * * * aggrieved by any final decision of the department may appeal that final decision to the chancery court of the county of the situs in whole or in part of the subject matter. The appellant shall give a cost bond with sufficient sureties, payable to the state in a sum to be fixed by the board or the court and to be filed with and approved by the clerk of the court. The aggrieved party may, within thirty (30) days following a final decision of the department, petition the chancery court for an appeal with supersedeas and the chancellor shall grant a hearing on the petition. Upon good cause shown the chancellor may grant the appeal with supersedeas. The appellant shall be required to post a bond with sufficient sureties according to law in an amount to be determined by the chancellor. The chancery court shall always be deemed open for hearing of appeals and the chancellor may hear the appeal in termtime or in vacation at any place in his district. The appeal shall have precedence over all civil cases, except election contests. The chancery court shall review all questions of law and of fact and may enter a final order or remand the matter to the board 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, but if a supersedeas is desired by the party appealing to the chancery court, that party may apply therefor to the chancellor, who shall award a writ of supersedeas, without additional bond, if in the chancellor's judgment material damage is not likely to result. If material damage is likely to result, the chancellor shall require a supersedeas bond as deemed proper, which shall be liable to the state for any damage.
SECTION 15. (1) The department shall adopt and use procedures for conducting reviews requested by any person aggrieved by the disapproval or requirements for an on-site wastewater disposal system as provided by the department in written form under Section 41-67-6. The procedures shall include that the person may request review by submitting a written request of review to the Director of the Office of Environmental Health. The request for review shall identify the matter contested and state the person's name, mailing address and home and daytime phone numbers. Within ten (10) business days of the receipt of the request for review, the department shall issue in writing a ruling and determination to the person and if any corrections are necessary to any form previously issued by the department, then new forms shall be submitted to the person.
(2) Any person aggrieved by the ruling issued by the Director of the Office of Environmental Health may apply for a hearing. Any hearing shall be conducted by a hearing officer designated by the department. At the hearing, the hearing officer and any person affected by the proposal being reviewed may conduct reasonable questioning of persons who make relevant factual allegations concerning the proposal. The hearing officer shall require that all persons be sworn before they may offer any testimony at the hearing, and the hearing officer is authorized to administer oaths. Any person so choosing may be represented by counsel at the hearing. A record of the hearing shall be made, which shall consist of a transcript of all testimony received, all documents and other material introduced by any interested person, the staff report and recommendation, and any other material as the hearing officer considers relevant, including his own recommendation. He shall make a recommendation within a reasonable period of time after the hearing is closed and after he has had an opportunity to review, study and analyze the evidence presented during the hearing. The completed record shall be certified to the State Health Officer, who shall consider only the record in making his decision, and shall not consider any evidence or material which is not included. All final decisions regarding the disapproval or requirements for an on-site wastewater disposal system shall be made by the State Health Officer. The State Health Officer shall make his written findings and issue his order after reviewing the record. The findings and decision of the State Health Officer shall not be deferred to any later date, and any deferral shall result in an automatic order of disapproval.
SECTION 16. (1) A person may not operate as a certified maintenance provider in this state unless that person is currently certified by the department.
(2) A certified maintenance provider for mechanical or proprietary systems must be a factory trained and authorized representative. The manufacturer must furnish documentation to the department certifying the satisfactory completion of factory training and the establishment of the maintenance provider as an authorized manufacturer's representative.
(3) The department shall issue a certification to a maintenance provider if the maintenance provider:
(a) Completes an application form that complies with this chapter and rules adopted under this chapter;
(b) Satisfactorily completes the certified maintenance provider training program provided by the department or currently holds a certified installer's certificate;
(c) Pays the annual certification fee; and
(d) Provides proof of having a valid general business liability insurance policy in effect with liability limits of at least Fifty Thousand Dollars ($50,000.00) per occurrence and at least One Hundred Thousand Dollars ($100,000.00) in total aggregate amount that includes coverage for product and completed work.
(4) Each certified maintenance provider shall furnish proof of certification to an individual prior to entering a contract with that individual for the continuing maintenance of an individual on-site wastewater disposal system.
(5) The department shall provide for annual renewal of certifications.
(6) The department semiannually shall disseminate to the public an official list of certified maintenance providers and provide to county health departments a monthly update of the list.
(7) If any person operates in the state as a certified maintenance provider without certification by the board, the board, after due notice and opportunity for a hearing, may impose a monetary penalty not to exceed Ten Thousand Dollars ($10,000.00) for each violation.
SECTION 17. (1) A person may not be engaged in the business of removing and disposing of the sludge and liquid waste (septage) from individual on-site wastewater disposal systems in this state unless that person has a valid license issued by the department.
(2) The department shall issue a license to a pumper if the pumper:
(a) Completes an application form that complies with this chapter and rules adopted under this chapter;
(b) Satisfactorily complies with the requirements of his/her pumping and hauling equipment;
(c) Provides documentation of a disposal site approved by the Department of Environmental Quality, Office of Pollution Control;
(d) Pays the annual license fee; and
(e) Provides proof of having a valid general business liability insurance policy in effect with liability limits of at least Fifty Thousand Dollars ($50,000.00) per occurrence and at least One Hundred Thousand Dollars ($100,000.00) in total aggregate amount that includes coverage for product and completed work.
(3) Each pumper shall furnish proof of licensure to an individual prior to entering a contract with that individual for the removing and disposing of the sludge and liquid waste (septage) from an individual on-site wastewater disposal system.
(4) The department semiannually shall disseminate to the public an official list of licensed pumpers and provide to county health departments a monthly update of the list.
(5) If any person operates in the state as a licensed pumper without a license by the board, the board, after due notice and opportunity for a hearing, may impose a monetary penalty not to exceed Ten Thousand Dollars ($10,000.00) for each violation.
SECTION 18. (1) A person may not operate as a certified professional evaluator in this state unless that person is currently certified by the department.
(2) A person must meet one (1) of the following requirements, in addition to the additional requirements set forth through this law and rules and regulations of the board, in order to be eligible to become a certified professional evaluator:
(a) Be a professional engineer registered in the State of Mississippi;
(b) Be a professional geologist registered in the State of Mississippi;
(c) Be a professional soil classifier licensed in the State of Mississippi; or
(d) Be a person who shall possess a demonstrable, adequate and appropriate record of professional experience and/or training as determined by the department.
(3) The department shall issue a certification to a certified professional evaluator if the certified professional evaluator:
(a) Completes an application form that complies with this chapter and rules adopted under this chapter;
(b) Satisfactorily completes the certified professional evaluator training program provided by the department; and
(c) Pays the annual certification fee.
(4) Provides proof of having an errors and omissions policy or surety in effect with liability limits of at least Fifty Thousand Dollars ($50,000.00) per occurrence and at least One Hundred Thousand Dollars ($100,000.00) in total aggregate amount.
(5) Each certified professional evaluator shall furnish proof of certification to a property owner or the owner's representative of the property prior to performing a site evaluation of the property on which an individual on-site wastewater disposal system is to be designed, constructed, repaired or installed by the certified professional evaluator and to the department or its authorized representative, if requested.
(6) The department shall provide for annual renewal of certifications.
(7) The department semiannually shall disseminate to the public an official list of certified professional evaluators and provide to county health departments a monthly update of the list.
(8) If any person operates in the state as a certified professional evaluator without certification by the board, the board, after due notice and opportunity for a hearing, may impose a monetary penalty not to exceed Ten Thousand Dollars ($10,000.00) for each violation.
SECTION 19. Section 19-5-173, Mississippi Code of 1972, is amended as follows:
19-5-173. The board of commissioners shall have the power to make regulations to secure the general health of those residing in the district; to prevent, remove and abate nuisances; to regulate or prohibit the construction of privy-vaults and cesspools, and to regulate or suppress those already constructed; and to compel and regulate the connection of all property with sewers. If the board of commissioners requires an owner of an individual on-site wastewater disposal system to connect to a sewer system, the board shall pay for the connection to the sewer system. The board shall not charge a fee for the maintenance or inspection of an individual on-site wastewater disposal system.
SECTION 20. Section 19-5-177, Mississippi Code of 1972, 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;
(n) To provide group life insurance coverage for all or specified groups of employees of the district and group hospitalization benefits for those employees and their dependents, and to pay the total cost of these benefits. For purposes of this paragraph, the term "employees" does not include any person who is a commissioner of a district created under Sections 19-5-151 through 19-5-207, and such commissioners are not eligible to receive any insurance coverage or benefits made available to district employees under this paragraph.
(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. * * * When municipal or community sewers are available and ready for use, residences with sewage holding tanks shall be connected to the sewer system at the expense of the district.
SECTION 21. Section 41-67-8, Mississippi Code of 1972, which provides for the duties of the Permit Board when wastewater is discharged off-site, is repealed.
SECTION 22. Section 41-67-16, Mississippi Code of 1972, which required a study of all individual on-site wastewater disposal systems, is repealed.
SECTION 23. Section 41-67-31, Mississippi Code of 1972, which provides for the repeal of the "Mississippi Individual On-Site Wastewater Disposal System Law," is repealed.
SECTION 24. This act shall take effect and be in force from and after its passage.