MISSISSIPPI LEGISLATURE

2013 Regular Session

To: Environment Prot, Cons and Water Res; Public Health and Welfare

By: Senator(s) Stone

Senate Bill 2423

AN ACT TO REMOVE REVISIONS TO THE MISSISSIPPI ON-SITE WASTEWATER DISPOSAL SYSTEM LAW IN SECTIONS 41-67-1, 41-67-2, 41-67-3, 41-67-5 THROUGH 41-67-11, 41-67-15, 41-67-25, 41-67-27 AND 41-67-28, MISSISSIPPI CODE OF 1972, THAT WENT INTO EFFECT JULY 1, 2009; TO AMEND SECTION 41-67-1, MISSISSIPPI CODE OF 1972, TO DELETE THE LEGISLATIVE INTENT; TO AMEND SECTION 41-67-2, MISSISSIPPI CODE OF 1972, TO DELETE CERTAIN DEFINITIONS; TO AMEND SECTION 41-67-3, MISSISSIPPI CODE OF 1972, TO REMOVE REFERENCES TO CERTIFIED PROFESSIONAL EVALUATORS AND MAINTENANCE PROVIDERS; TO AMEND SECTION 41-67-5, MISSISSIPPI CODE OF 1972, TO REMOVE THE PROHIBITION AGAINST TEMPORARY WATER SERVICE CONNECTIONS; TO AMEND SECTION 41-67-6, MISSISSIPPI CODE OF 1972, TO REVISE THE TIME REQUIRED FOR THE DEPARTMENT OF HEALTH TO RESPOND TO REQUESTS; TO RESTORE THE TWO-ACRE EXEMPTION FOR INDIVIDUAL ON-SITE WASTEWATER DISPOSAL SYSTEMS; TO AMEND SECTION 41-67-7, MISSISSIPPI CODE OF 1972, TO CONFORM; TO AMEND SECTION 41-67-9, MISSISSIPPI CODE OF 1972, TO RESTORE THE REQUIREMENT THAT A PRIVATE WATER SUPPLY WELL SHALL BE AT A HIGHER ELEVATION THAN A DISPOSAL SYSTEM; TO AMEND SECTION 41-67-10, MISSISSIPPI CODE OF 1972, TO DELETE CERTAIN CERTIFICATION REQUIREMENTS FOR ALTERNATIVE DISPOSAL SYSTEMS; TO AMEND SECTION 41-67-11, MISSISSIPPI CODE OF 1972, TO DELETE CERTAIN REQUIREMENTS FOR TEMPORARY DISPOSAL SYSTEMS; TO AMEND SECTION 41-67-15, MISSISSIPPI CODE OF 1972, TO DELETE THE REQUIREMENT THAT THE DEPARTMENT OF HEALTH SHALL NOT APPROVE ANY SYSTEM THAT DOES NOT COMPLY WITH A COUNTY OR MUNICIPAL ORDINANCE; TO AMEND SECTION 41-67-25, MISSISSIPPI CODE OF 1972, TO DELETE REFERENCES TO CERTAIN TERMS; TO AMEND SECTION 41-67-27, MISSISSIPPI CODE OF 1972, TO DELETE REFERENCES TO CERTAIN TERMS; TO AMEND SECTION 41-67-28, MISSISSIPPI CODE OF 1972, TO DELETE THE ADMINISTRATIVE FINE FOR CERTAIN VIOLATIONS; TO AMEND SECTION 41-67-31, MISSISSIPPI CODE OF 1972, TO CONFORM; TO REPEAL SECTION 41-67-33, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR PROCEDURES FOR CONDUCTING REVIEWS REQUESTED BY PERSONS AGGRIEVED BY A DECISION TO NOT APPROVE A WASTEWATER DISPOSAL SYSTEM; TO REPEAL SECTION 41-67-35, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE CERTIFICATION OF MAINTENANCE PROVIDERS; TO REPEAL SECTION 41-67-37, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE CERTIFICATION OF PROFESSIONAL EVALUATORS; TO REPEAL SECTION 41-67-39, MISSISSIPPI CODE OF 1972, WHICH REQUIRES A LICENSE FOR A PERSON OPERATING AS A PUMPER REMOVING AND DISPOSING OF SEPTIC TANK SLUDGE; 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 47‑67‑10.

  (b)  "Alternative system" means any on‑site sewage treatment and disposal system used in lieu of a conventional system.

          ( * * *ca)  "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 installer" means any person who has met the requirements of Section 41‑67‑25.

  (f)  "Certified manufacturer" means any person registered with the department who holds a written certification issued by the department allowing the manufacturer to sell on‑site wastewater products in the state.

  (g)  "Certified professional evaluator" means any person who has met the requirements of Section 41‑67‑37 or a registered professional engineer.

  (h)  "Certified pumper" means any person registered with the department who holds a written certification issued by the department allowing the person to engage in the removal and disposal of sludge, grease and waste.

  (i)  "Conventional system" means an individual on‑site wastewater disposal system consisting of a septic tank and subsurface disposal field.

          ( * * *jb)  "Department" means the Mississippi State Department of Health.

 * * *  (k)  "Final approval" means a determination by the department that the system being inspected by the department fulfills all requirements under this chapter.

          ( * * *lc)  "Generator" means any person whose act or process produces sewage or other material suitable for disposal in an individual on-site wastewater disposal system.

          (m)  "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 * * *residential 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.

 * * *  (n)  "Notice of intent" means notification by an applicant to the department prior to construction and submission of all required information, which is used by the department to design an individual on‑site wastewater disposal system.

  (o)  "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.

          ( * * *pe)  "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.

(f)  "Professional engineer" means any person who has met the qualifications required under Section 73-13-23(1) and who has been issued a certificate of registration as a professional engineer.

( * * *qg)  "Property of the generator" means land owned by or under permanent legal easement or lease to the generator.

 * * *  (r)  "Qualified homeowner" means the current owner of a specific residence where that homeowner resides and where the homeowner has met the requirements of the Department of Health regulations.

  (s)  "Registered professional engineer" means any person who has met the requirements under Section 73‑13‑23(1) and who has been issued a certificate of registration as a professional engineer.

          ( * * *th)  "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; 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 * * *; 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 or registered 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 * * *for performance‑based systems as * * *specified in otherwise required by subsection (4) of this section * * *., a * * *certified professional evaluator or registered professional engineer shall notify the department in writing of those services being provided * * *,including the type of treatment, the type of disposal, and the property address for the treatment and disposal system.  Construction or installation shall not begin prior to authorization by the department.  The department shall respond within ten (10) business days with authorization that the certified professional engineer or registered professional engineer fulfills the requirements of the law.  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, stamps the appropriate documentation with the professional engineer's seal, the department shall approve the design, construction or installation of the system, if requested.  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 * * *advanced treatment aerobic systems * * *;.

 * * *  (d)  Certification of certified professional evaluators; and

  (e)  Creation of regulations that authorize the original and any subsequent homeowner to be trained by factory installers or other factory representatives in order to educate the homeowner with the necessary knowledge to provide maintenance to the homeowner's system; no fees shall be charged to the homeowner for such training, thus allowing the homeowner to meet the requirements of Section 41‑67‑6(8).

     (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 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 plan for 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 before the use or occupancy of the property.

     SECTION 4.  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 or 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 5.  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 or registered 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 which 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 * * * certified professional * * *evaluator 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.  Approval of the design, construction or installation of an individual on-site wastewater disposal system by the department is not required * * *, except as otherwise provided in subsection (9) of this section.  Upon completion of installation of the system,.  If any property owner, lessee or the owner's or lessee's lending institution requests the department to approve the design, construction or installation of any system on the owner's or lessee's property, 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) fifteen (15) working days.  If the department disapproves the request, the department shall state in writing the reasons for the disapproval. * * *  Homeowners may apply for a variance from the department by submitting a report for a proposed system to the department from a certified professional evaluator or registered professional engineer that the proposed wastewater treatment system will properly treat and maintain wastewater on the property and proof of errors and omissions insurance.  The department shall grant the variance but still have authority for final approval to inspect that the system is installed as designed.  All forms from the department relating to allowed wastewater systems shall include the variance option as an alternative.  If the department does not respond to the request within * * *ten (10) calendar fifteen (15) working 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 at least twenty‑four (24) hours before 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 unless a health inspector does not arrive for inspection after twenty‑four (24) hours from the notification to the department beginning construction, in which case, an installer may submit an affidavit of proper installation to the department for final approval.

(2)  Evaluations and recommendations for a subdivision shall not be subject to the time constraints in this section.

(3)  If the department has been requested to approve the design, construction or installation of an individual on-site wastewater disposal system, an installer may not begin the design, construction or installation of the individual on-site wastewater disposal system, unless the installer notifies the department of the date on which the installer plans to begin work on the system.

     ( * * *54)  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.

     ( * * *65)  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 obtain final approval or submit an affidavit of proper installation to the department 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 may be considered a separate offense. One Thousand Dollars ($1,000.00).

 * * * (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 professional 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 advanced treatment system, an affidavit from the property owner agreeing to a continuing maintenance agreement on the installed system at the end of the required manufacturer's maintenance agreement.

(8)  The property owner shall keep a continuing maintenance agreement with a certified installer or qualified homeowner on all advanced treatment systems in perpetuity.

  (a)  All systems existing on July 1, 2008, shall be grandfathered in until the system is reapproved or the system is replaced.

  (b)  Any person violating this subsection shall be subject to the penalties and damages as provided in Section 41‑67‑28(5).

(9)  Any lot or tract that is two (2) acres or larger shall be exempt from the requirements of this chapter and regulations of the department relating to approval of individual on‑site wastewater disposal systems by the department, provided that:

  (a)  All wastewater is contained on the lot or tract;

  (b)  No water course, as defined in Section 51‑3‑3(h), of Mississippi or the United States is impacted; and

  (c)  A certified installer provides the department with a signed affidavit attesting that the requirements of paragraphs (a) and (b) are met.

(6)  Any provisions of this chapter regarding the department's approval of the design, construction and installation of an individual on-site wastewater disposal system shall not apply to residence, building or facility that is located on a land tract that is two (2) acres or larger.

     SECTION 6.  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:

          ( * * *1a)  Individual on-site wastewater disposal systems with underground absorption fields shall be considered acceptable, provided the following requirements are met:

              ( * * *ai)  Sewers are not available or feasible;

              ( * * *bii)  The existing disposal systems in the area are functioning satisfactorily;

              ( * * *ciii)  Soil types, soil texture, seasonal water tables and other limiting factors are satisfactory for underground absorption; and

              ( * * *div)  Any private water supply is located at a higher elevation * * *or it 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.

          ( * * *2b)  Except for systems utilizing underground absorption, alternative individual on-site wastewater disposal systems shall be considered acceptable, provided the following requirements are met:

              ( * * *ai)  Sewers are not available or feasible; * * *and

              ( * * *bii)  The systems meet applicable water quality requirements of the federal Clean Water Act and also requirements of the board and department * * *.; and

(iii)  Any discharge is confined within the boundaries of the property of the generator.

     SECTION 7.  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 is 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 8.  Section 41-67-10, Mississippi Code of 1972, is amended as follows:

     41-67-10. * * *(1)  Advanced aerobic 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 aerobic 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, which are 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 aerobic 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.

 * * * (2)  All manufacturers of advanced treatment systems certified in Mississippi shall provide technical training staff to the department as needed.

     SECTION 9.  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 unapprovable areas 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 under the following conditions:

(a)  When the municipal or community sewers * * *will shall not be completed and available for use within * * *thirty‑six (36) six (6) months * * *.  The department may approve the installation of a temporary system under these circumstances only if the system will 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 streets of the subdivision., a complete individual on-site wastewater disposal system complying with all requirements of the board may be installed.  Upon completion of the sewer construction, all systems shall be abandoned and all residences, buildings or facilities connected to the sewer.

(b)  When the public sewers shall be available and ready for use within a period not to exceed six (6) months, or where a minor extension is to be made to a municipal system by the municipality and no contract is to be awarded, an individual on-site wastewater disposal system with a minimum capacity of three hundred (300) gallons and at least sixty percent (60%) of the required disposal field may be installed.  The board shall not approve a temporary system under this subsection unless the professional engineer designing the sewer system has certified to the board in writing that the public sewer or extension shall be completed within six (6) months, and the owner of the temporary system has certified in writing that connection to the public sewer shall be made as soon as it becomes available.

     (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 and ready to use.

     SECTION 10.  Section 41-67-15, Mississippi Code of 1972, is amended as follows:

     41-67-15.  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. * * *  The department shall not approve any system that does not comply with an ordinance adopted by a municipality or board of supervisors under the authority of this section.

     SECTION 11.  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 board.  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 aerobic treatment plants or subsurface drip disposal 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 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 for installation and maintenance provided by the department;

          (c)  Pays the annual certification fee * * *which shall be an amount not greater than Fifty Dollars ($50.00); 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.

     (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 is 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.

(9)  The department must provide for renewal installer certifications to be applied for at the local department offices.

     SECTION 12.  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 * * *or alternative treatment or disposal components 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 13.  Section 41-67-28, Mississippi Code of 1972, is amended as follows:

     41-67-28.  (1)  Except as otherwise provided in this chapter, any person who shall knowingly violate this chapter or any rule or regulation or written order of the board in pursuance thereof is, upon conviction, guilty of a misdemeanor and shall be punished as provided in Section 41-3-59.

     (2)  Each day of a continuing violation is a separate violation.

     (3)  (a)  In addition to all other statutory and common law rights, remedies and defenses, any person who purchases an individual on-site wastewater disposal system and suffers any ascertainable loss of money or property, real or personal, may bring an action at law in the court having jurisdiction in the county in which the installer or manufacturer has the principal place of business, where the act allegedly occurred, to recover any loss of money or damages for the loss of any property resulting from any of the following:

              (i)  Improper installation of an individual on-site wastewater disposal system due to faulty workmanship;

              (ii)  Failure of an individual on-site wastewater disposal system to operate properly due to failure to install the system in accordance with any requirements of the manufacturer or in compliance with any rules and regulations of the board; or

              (iii)  Failure of an individual on-site wastewater disposal system to operate properly due to defective design or construction.

          (b)  Nothing in this chapter shall be construed to permit any class action or suit, but every private action must be maintained in the name of and for the sole use and benefit of the individual person.

     (4)  A person who violates this chapter thereby causing a discharge off the property of the generator shall be liable to the party aggrieved or damaged by that violation for the actual damages and additional punitive damages equal to a maximum of twenty-five percent (25%) of the actual damages proven by the aggrieved party, to be taxed by the court where the suit is heard on an original action, by appeal or otherwise and recovered by a suit at law in any court of competent jurisdiction.  In addition, the court may award the prevailing party reasonable attorney's fees and court costs.  Before filing suit, the party aggrieved or damaged must give thirty (30) days' written notice of its intent to file suit to the alleged violator.

 * * * (5)  (a)  Any person who violates Section 41‑67‑6(8) may be assessed an administrative fine in the amount of Five Hundred Dollars ($500.00) and the public water system may discontinue service to that property owner until the failure to comply with Section 41‑67‑6(8) has been corrected.

  (b)  All violators shall be given thirty (30) days' notice before any adverse action.

  (c)  Any violator shall have the right to appeal an adverse determination through the procedures set out in Section 41‑67‑29.

     SECTION 14.  Section 41-67-31, Mississippi Code of 1972, is amended as follows:

     41-67-31.  Sections 41-67-1 through 41-67-29 * * *and Sections 41‑67‑33 through 41‑67‑39 shall stand repealed on July 1, * * *2013 2014.

     SECTION 15.  Section 41-67-33, Mississippi Code of 1972, which provides for procedures for conducting reviews requested by persons aggrieved by a decision not to approve a wastewater disposal system, is repealed.

     SECTION 16.  Section 41-67-35, Mississippi Code of 1972, which provides for the certification of maintenance providers, is repealed.

     SECTION 17.  Section 41-67-37, Mississippi Code of 1972, which provides for the certification of professional evaluators, is repealed.

     SECTION 18.  Section 41-67-39, Mississippi Code of 1972, which requires a license for a person operating as a pumper removing and disposing of septic tank sludge, is repealed.

     SECTION 19.  This act shall take effect and be in force from and after July 1, 2013.

---