MISSISSIPPI LEGISLATURE
2006 Regular Session
To: Public Health and Human Services; Conservation and Water Resources
By: Representative Mims (By Request)
AN ACT TO AMEND SECTION 41-67-6, MISSISSIPPI CODE OF 1972, TO REQUIRE THE STATE DEPARTMENT OF HEALTH TO INSPECT THE DESIGN, CONSTRUCTION AND INSTALLATION OF INDIVIDUAL ON-SITE WASTEWATER DISPOSAL SYSTEMS AND GIVE WRITTEN APPROVAL BEFORE THE SYSTEMS MAY BE OPERATED; TO AMEND SECTIONS 41-67-3, 41-67-5, 41-67-7, 41-67-9, 41-67-12, 41-67-19 AND 41-67-23, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING PROVISIONS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 41-67-6, Mississippi Code of 1972, is amended as follows:
41-67-6. (1) Within five (5) working days following receipt of the notice of intent and plot plan by an owner, lessee or developer of any lot or tract of land, the department shall conduct a soil and site evaluation, except in cases where a professional engineer provides services relating to the design, construction or installation of an individual on-site wastewater disposal system to comply with this chapter. Within ten (10) additional working days, the department shall make recommendations to the owner, lessee or developer of the type or types of individual on-site wastewater disposal systems suitable for installation on the lot or tract, unless there are conditions requiring further investigation that are revealed in the initial evaluation. In making recommendations on the type or types of individual on-site wastewater disposal systems suitable for installation on a lot or tract, personnel of the department shall use best professional judgment based on rules and regulations adopted by the board, considering the type or types of systems that are installed and functioning on lots or tracts near the subject lot or tract. If existing systems in the surrounding area function properly, systems of that same type shall be approved. To the extent practicable, the recommendations shall give the owner, lessee or developer maximum flexibility and a maximum number of options consistent with the federal Clean Water Act, consistent with maintaining the wastes on the property of the generator and consistent with protection of the public health. The system or systems recommended shall be environmentally sound and cost-effective. The department or a professional engineer shall provide complete information, including all applicable requirements and regulations on all systems recommended. The owner, lessee or developer shall have the right to choose among systems. The department shall provide the owner, lessee or developer with a form that specifies all types of individual on-site wastewater disposal systems that are suitable for installation on the lot or tract and lists all installers of those systems that are certified by the department.
(2) The department must inspect the design, construction and installation of an individual on-site wastewater disposal system and give written approval before the system may be operated. * * * The department shall approve the design, construction and installation of an individual on-site wastewater disposal system * * * if the system is designed, constructed and installed * * * in accordance with the rules and regulations of the board. The department shall not approve any individual on-site wastewater disposal system that has a direct or point source discharge. * * * The department must approve or disapprove a request for the approval of an individual on-site wastewater disposal system within fifteen (15) 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 fifteen (15) working days, the request for approval of the individual on-site wastewater disposal system shall be deemed approved.
(3) Evaluations and recommendations for a subdivision shall not be subject to the time constraints in this section.
(4) * * * An installer may not begin the design, construction or installation of an individual on-site wastewater disposal system until the installer notifies the department of the date on which the installer plans to begin work on the system.
(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) Any person who installs an individual on-site wastewater disposal system shall sign and file with the department an affidavit that the system was installed in compliance with all requirements and regulations applicable to that type of system. If any person or contractor fails to comply with all requirements and regulations in the installation of the system, the board, after due notice and hearing, may levy an administrative fine not to exceed One Thousand Dollars ($1,000.00).
* * *
SECTION 2. 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, installation, 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; and
(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.
(2) Nothing in this chapter shall preclude a professional engineer from providing services relating to the design, construction or installation of an individual on-site wastewater disposal system to comply with this chapter. Except as otherwise required by subsection (4) of this section, a professional engineer shall notify the department in writing of those services being provided. If a professional engineer designs, constructs or installs or directly supervises the construction or installation of a design-based individual on-site wastewater disposal system consistent with this chapter and stamps the appropriate documentation with that professional engineer's seal, the department shall approve the design, construction or installation of the system * * *. Professional engineers engaging in the design, construction or installation of individual on-site wastewater disposal systems shall not require certification under this chapter.
(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; and
(c) Registration and requirements for testing and listing of manufacturers of aerobic treatment systems.
(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 and must be authorized by the board before installation. Appeals from a final decision of the board regarding the authorization of an individual on-site wastewater disposal system based upon performance standards shall be taken using a procedure substantially equivalent to the procedure specified for hospital licenses in Chapter 9 of Title 41.
(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.
SECTION 3. 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 the requirements * * * for approval of the systems by the department.
(2) No new permanent 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 4. Section 41-67-7, Mississippi Code of 1972, is amended as follows:
41-67-7. Individual on-site wastewater disposal systems may be approved on lots in areas or subdivisions where before the sale of the lots, the following requirements are met:
(1) Individual on-site wastewater disposal systems with underground absorption fields may be approved, 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 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 may be approved, provided the following requirements are met:
(a) Sewers are not available or feasible;
(b) The systems meet applicable water quality requirements of the federal Clean Water Act and also requirements of the board and department; and
(c) Any discharge is confined within the boundaries of the property of the generator.
SECTION 5. Section 41-67-9, Mississippi Code of 1972, is amended as follows:
41-67-9. (1) Existing individual on-site wastewater disposal systems may be approved, provided the following requirements are met:
(a) The lot is located in an area or subdivision where individual on-site wastewater disposal systems may be approved 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 is 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 * * *.
SECTION 6. Section 41-67-12, Mississippi Code of 1972, is amended as follows:
41-67-12. (1) The department shall assess fees in the following amounts for the following purposes:
(a) A fee of Fifty Dollars ($50.00) shall be levied for soil and site evaluation and recommendation of individual on-site wastewater disposal systems.
(b) A fee of Fifty Dollars ($50.00) shall be levied for inspection and approval of individual on-site wastewater disposal systems.
(c) A fee of Fifty Dollars ($50.00) shall be levied annually for the certification of installers and persons engaging in the removal and disposal of the sludge and liquid wastes from individual on-site wastewater disposal systems.
(d) A fee of One Hundred Dollars ($100.00) shall be levied annually for the registration of manufacturers.
(2) In the discretion of the board, a person shall be liable for a penalty equal to one and one-half (1-1/2) times the amount of the fee due and payable for failure to pay the fee on or before the date due, plus any amount necessary to reimburse the cost of collection.
(3) The fee authorized under this section shall not be assessed for any system operated by state agencies or institutions, including, without limitation, foster homes licensed by the State Department of Human Services. The fee authorized under this section shall not be charged again after payment of the initial fee for any system that has been installed in accordance with this chapter, within a period of twenty-four (24) months following the date that the system was originally installed.
SECTION 7. Section 41-67-19, Mississippi Code of 1972, is amended as follows:
41-67-19. Each authorized agent of the department implementing this chapter shall demonstrate to the department's satisfaction that the person:
(a) Is competent to review and provide * * * approval of design, construction and installation of individual on-site wastewater disposal systems, as well as the operation, repair or maintenance of those systems, to make soil permeability tests or soil and site evaluations, and to conduct inspections of individual on-site wastewater disposal systems in accordance with this chapter and rules and regulations adopted under this chapter; and
(b) Has successfully completed the installer certification training program provided by the department.
SECTION 8. Section 41-67-23, Mississippi Code of 1972, is amended as follows:
41-67-23. The department or its authorized representative may enter onto property and make inspections of any individual on-site wastewater disposal system as necessary to ensure that the system is in compliance with this chapter and the rules adopted under this chapter, and to approve an individual on-site wastewater disposal system before the system may be operated. The department shall give reasonable notice to any property owner, lessee or occupant prior to entry onto the property. The owner, lessee, owner's representative, or occupant of the property on which the system is located shall give the department or its authorized representative reasonable access to the property at reasonable times to make necessary inspections.
SECTION 9. This act shall take effect and be in force from and after July 1, 2006.