MISSISSIPPI LEGISLATURE
2025 Regular Session
To: Public Utilities; Public Health and Human Services
By: Representative Remak
AN ACT TO AMEND SECTION 41-67-4, MISSISSIPPI CODE OF 1972, TO REDUCE THE TIME BY WHICH THE STATE DEPARTMENT OF HEALTH MUST MAKE A DETERMINATION OF THE FEASIBILITY OF ESTABLISHING CENTRALIZED WASTEWATER TREATMENT SYSTEMS IN A SUBDIVISION WHEN A DEVELOPER REQUESTS A DETERMINATION OF FEASIBILITY; TO AMEND SECTION 41-67-6, MISSISSIPPI CODE OF 1972, TO REDUCE THE TIME BY WHICH THE STATE DEPARTMENT OF HEALTH MUST MAKE A DETERMINATION OF SUITABILITY OF INDIVIDUAL ON-SITE WASTEWATER DISPOSAL SYSTEMS IN A SUBDIVISION WHEN A DEVELOPER REQUESTS A DETERMINATION OF SUITABILITY; TO BRING FORWARD SECTIONS 41-67-7 AND 41-67-11, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 41-67-4, Mississippi Code of 1972, is amended as follows:
41-67-4. (1) The
department shall determine the feasibility of establishing centralized
wastewater treatment systems upon the submission by the developer of a preliminary
design and feasibility study prepared by a licensed professional engineer. The
developer may request and obtain a hearing before the board if the developer is
dissatisfied with the department's determination of feasibility. The
determination that a centralized wastewater treatment system must be
established shall be made without regard to whether the establishment of a centralized
wastewater treatment system is authorized by law or is subject to approval by
one or more state or local government or public bodies. Whenever a developer
requests a determination of feasibility, the department must make the
determination within * * * twenty (20) days after receipt of the preliminary design
and feasibility study from the developer. The department shall state in
writing the reasons for its determination. If the department does not make a
determination within * * * twenty (20) days, all sites within the subdivision shall
be approved, if a certified installer attests or a department environmentalist
determines that each site can be adequately served by an individual on-site
wastewater disposal system.
(2) Where subdivisions are proposed that are composed of fewer than thirty-five (35) building sites, and no centralized wastewater treatment system is available, the department may waive the requirement for a feasibility study. If the feasibility study is waived, all sites within the subdivision shall be approved, if a certified installer attests or a department environmentalist determines that each site can be adequately served by an individual on-site wastewater disposal system.
(3) * * *
"Feasibility study" means a written evaluation and analysis of the
potential of a proposed project that is based on investigation and research by
a licensed professional engineer to give cost comparison between centralized or
decentralized treatment and disposal and individual on-site wastewater disposal
systems.
SECTION 2. Section 41-67-6, Mississippi Code of 1972, is amended as follows:
41-67-6. (1) Nothing in this chapter shall preclude a certified professional evaluator or licensed professional engineer 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 Section 41-67-3(3). A certified professional evaluator or licensed 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 before authorization by the department. The department shall respond within ten (10) business days with authorization that the certified professional evaluator or licensed professional engineer fulfills the requirements of the law.
(2) 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 licensed professional engineer provides services relating to the design, construction or installation of an individual on-site wastewater disposal system to comply with this chapter. 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. 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 all 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, a licensed professional engineer 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 permit/recommendation that specifies all types of individual on-site wastewater disposal systems that are suitable for installation on the lot or tract.
(3) Within * * * twenty (20) 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.
(4) 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 * * *
twenty (20) 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.
(5) (a) The certified installer shall notify the department at least twenty-four (24) hours before beginning installation 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) A certified installer, or designated agent thereof, 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 department environmentalist, or unless a department environmentalist does not arrive for inspection within thirty (30) minutes of the designated and agreed upon time, in which case a certified installer, or designated agent thereof, may submit an affidavit of proper installation to the department for final approval.
(6) 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.
(7) 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, and shall be exempt from the provisions of Section 41-67-5(2), provided that:
(a) All wastewater is contained on the lot or tract;
(b) No watercourse, as defined in Section 51-3-3(h), of Mississippi or the United States is impacted; and
(c) The person who installed the individual on-site wastewater disposal system provides the department with a signed affidavit attesting that the requirements of paragraphs (a) and (b) are met.
SECTION 3. Section 41-67-7, Mississippi Code of 1972, is brought forward as follows:
41-67-7. (1) Approval of the design, construction or installation of an individual on-site wastewater disposal system by the department is required, except as otherwise provided in Section 41-67-6(7). 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 (3) of this section, 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) Individual on-site wastewater disposal systems shall be considered acceptable, provided the following requirements are met:
(a) Centralized wastewater treatment systems 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;
(d) 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; and
(e) The systems meet applicable water quality requirements of Section 41-67-10.
(3) 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 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.
(4) If any person or certified installer 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.
(5) The property owner, if not a qualified homeowner maintenance provider, shall keep a continuing maintenance agreement with a certified installer on all advanced treatment systems in perpetuity. Any person violating this subsection shall be subject to the penalties and damages as provided in Section 41-67-28(5).
SECTION 4. Section 41-67-11, Mississippi Code of 1972, is brought forward as follows:
41-67-11. (1) 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 wastewater treatment 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 a centralized wastewater treatment system that upon completion will adequately serve the property. Individual on-site wastewater disposal systems shall only be approved when the centralized wastewater treatment system will be completed and available for use within thirty-six (36) months. The department may approve the installation of a 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 department. The system may be installed only after the developer has signed a written agreement with the centralized wastewater treatment provider stating that the developer will connect to the centralized wastewater treatment system when it becomes available, and the provider of the centralized wastewater treatment system being constructed certifies that the centralized wastewater treatment system will have adequate capacity to accept the sewage to be produced by the individual on-site wastewater disposal systems. The developer shall install an internal sewage collection system from each lot to the connection point to the centralized wastewater treatment system as he develops the streets of the subdivision. Upon completion of the construction of the centralized wastewater treatment system, all individual on-site wastewater disposal systems shall be abandoned and all residences, buildings or facilities connected to the centralized wastewater treatment system.
(2) The department may approve the use of a sewage holding tank for the purpose of providing sewage services. The department shall require the proper abandonment and removal of the sewage holding tank and connection to a centralized wastewater treatment system when that system is available, or the usage is no longer needed.
SECTION 5. This act shall take effect and be in force from and after July 1, 2025.