MISSISSIPPI LEGISLATURE
2006 Regular Session
To: Public Health and Human Services
By: Representative Mims
AN ACT TO AMEND SECTION 41-67-21, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE STATE DEPARTMENT OF HEALTH SHALL REQUIRE A PROPERTY OWNER OR LESSEE TO REPAIR AN INDIVIDUAL ON-SITE WASTEWATER DISPOSAL SYSTEM ON THE OWNER'S OR LESSEE'S PROPERTY WHERE WASTE FROM THE SYSTEM IS BEING DISCHARGED OFF THE PROPERTY; TO INCREASE THE MAXIMUM DAILY AMOUNT OF THE CIVIL PENALTY THAT THE DEPARTMENT MAY ASSESS A PROPERTY OWNER OR LESSEE FOR EACH DAY THAT AN INDIVIDUAL ON-SITE WASTEWATER DISPOSAL SYSTEM REMAINS UNREPAIRED AFTER BEING GIVEN NOTICE OF A MALFUNCTIONING OR IMPROPERLY DISCHARGING SYSTEM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 41-67-21, Mississippi Code of 1972, is amended as follows:
41-67-21. (1) The board or the department may require a property owner or lessee to repair a malfunctioning individual on-site wastewater disposal system on the owner's or lessee's property, and shall require a property owner or lessee to repair an individual on-site wastewater disposal system on the owner's or lessee's property where waste from the system is being discharged off the owner's or lessee's property, before the thirtieth day after the date on which the owner or lessee is notified by the department of the malfunctioning or improperly discharging system.
(2) The property owner or lessee shall take adequate measures as soon as practicable to abate an immediate health hazard.
(3) The board may assess the property owner or lessee of an individual on-site wastewater disposal system a civil penalty not to exceed Twenty Dollars ($20.00) for each day that the * * * system remains unrepaired after the thirty-day period specified in subsection (1) of this section.
(4) The board may assess the property owner or lessee of an individual on-site wastewater disposal system authorized under Section 41-67-3(4) a civil penalty not to exceed Fifty Dollars ($50.00) for each day the system fails to meet the performance standards of that system after the thirty-day period specified in subsection (1) of this section.
(5) All penalties collected by the board under this section shall be deposited in the State General Fund.
(6) Appeals from the imposition of civil penalty under this section may be taken as provided in Section 41-67-29.
SECTION 2. This act shall take effect and be in force from and after July 1, 2006.