Title 49, Conservation and Ecology

The principal, interest and premium, if any, on any bonds shall be secured by a pledge of the revenues payable to the municipality, as the case may be, pursuant to either of the agreements specified in subsections (d) and (e) of Section 49-17-103 and may also, in the case of an a…

Any bonds issued under authority of Sections 49-17-101 through 49-17-123, and at any time outstanding, may, at any time and from time to time, be refunded by a municipality by the issuance of its refunding bonds in such amount as the governing board may deem necessary, but not to…

Contracts for acquisition, purchase, construction and/or installation of facilities contemplated by Sections 49-17-101 through 49-17-123 shall be effected in the manner prescribed by law for public contracts; provided, however, where (a) the municipality finds and records such fi…

Prior to undertaking the financing of any pollution control facility, the governing board shall obtain a finding of the pollution authority that the pollution control facilities are necessary and that the design thereof will result in the elimination, mitigation and/or prevention…

Every agreement under either subsection (d) or (e) of Section 43-17-103 shall contain a covenant obligating the industry to effect the completion of the pollution control facilities if the proceeds of the bonds, including parity completion bonds, if any, prove insufficient, and e…

Any agreement made under subsection (e) of Section 49-17-103 may provide that the pollution control facilities will be owned by the municipality, and leased to the industry; may provide the industry with an option to purchase the pollution control facility upon such terms and con…

The proceeds from the sale of any bonds issued under authority of Sections 49-17-101 through 49-17-123 shall be applied only for the purpose for which the bonds were issued; provided, however, that any premium and accrued interest received in any such sale shall be applied to the…

The bonds authorized by Sections 49-17-101 through 49-17-123 and the income therefrom, all trust indentures and mortgages executed as security therefor, all lease agreements made pursuant to the provisions hereof, and all pollution control facilities (when owned by the municipali…

No bonds shall be issued pursuant to the provisions of Sections 49-17-101 through 49-17-123 until the proposal of the governing board to issue the bonds shall receive the approval of the board. Whenever the governing board shall propose to issue bonds pursuant to the provisions o…

Nothing in Sections 49-17-101 through 49-17-123 shall be construed as granting authority for participation under the provisions of Chapter 471, Laws of 1971, as now or hereafter amended or participation in state appropriations for pollution control purposes.

(1) The commission is hereby designated as the pollution control agency for this state to administer federal pollution control legislation and programs and interstate or regional agreements pertaining to solid or hazardous waste management. (2) The commission shall have the right…

(1) “Title V program” means, as used in Sections 49-17-1 through 49-17-45, the air operating permit program mandated in Title V of the 1990 amendments to the federal Clean Air Act, codified in 42 USCS Section 7661, et seq. (2) There is created in the State Treasury a fund to be d…

(1) (a) An Advisory Council, hereinafter referred to as “Advisory Council,” is created to conduct an independent study of the costs for the development and administration of the Title V program within the Department of Environmental Quality and to conduct an annual review of the …

(a) The commission shall have and may exercise the following powers and duties:(a) General supervision of the administration and enforcement of Sections 49-17-1 through 49-17-43 and Sections 17-17-1 through 17-17-47, and all rules and regulations and orders promulgated thereunder…

In order to carry out the purposes of Sections 49-17-1 through 49-17-43, the commission may set ambient standards of air and water quality for the state or portions thereof. Such ambient standards of quality shall be such as to protect the public health and welfare and the presen…

(a) The commission or its duly authorized representative shall have the power to enter at reasonable times upon any private or public property, and the owner, managing agent or occupant of any such property shall permit such entry for the purpose of inspecting and investigating c…

The Commission on Marine Resources is hereby authorized to cooperate with the Commission on Environmental Quality for the enforcement of the provisions of Sections 49-17-1 through 49-17-43 in and on the salt waters of the State of Mississippi.

The commission shall keep the minutes of the commission, including all orders, rules and regulations promulgated, in a record book, or books, especially prepared for that purpose. All minutes of commission meetings and hearings, and all rules, regulations, and orders made by the …

(1) Prior to the adoption, amendment or repeal of rules and regulations necessary to implement this chapter, Sections 17-17-1 through 17-17-47, Sections 21-27-201 through 21-27-221, Sections 37-138-1 through 37-138-31, and all other laws administered by the department, the commis…

If the commission determines, after adequate scientific investigation and evaluation, that a chemical as defined in Sections 69-23-3 and 75-47-5(a) in the underground water exceeds or is likely to exceed duly adopted state standards and that the source of the chemical is not with…

In the event an emergency is found to exist by the commission, it may issue an emergency order as circumstances may require. Said emergency order shall become operative at the time and date designated therein and shall remain in force until modified or cancelled by the commission…

(1) There is created a Permit Board for the purpose of issuing, reissuing, modifying, revoking or denying, under the conditions, limitations and exemptions prescribed in Section 49-17-29: (a) permits to control or prevent the discharge of contaminants and wastes into the air and …

(1) (a) Except as in compliance with paragraph (b) of this subsection, it is unlawful for any person to cause pollution of the air in the state or to place or cause to be placed any wastes or other products or substances in a location where they are likely to cause pollution of t…

Whereas, the pollution of the air and waters of the state constitutes a menace to public health and welfare, creates a public nuisance, is harmful to wildlife, fish and aquatic life, and impairs domestic, agricultural, industrial, recreational and other legitimate beneficial uses…

(1) As a condition of Title V of the federal Clean Air Act, the owner or operator of any stationary source required to obtain an air operating permit under the Title V program, hereinafter referred to as a “Title V permit,” shall pay to the Department of Environmental Quality an …

(a) Whenever the commission or an employee thereof has reason to believe that a violation of any provision of Sections 49-17-1 through 49-17-43 or Sections 17-17-1 through 17-17-47 or a regulation or of any order of the commission or of any limitation or condition of a valid perm…

(1) The commission may delegate to the Department of Environmental Quality the responsibility for the collection of the Title V program fees. (2) The Title V program fee shall be due September 1 of each year. Each owner or operator may elect a quarterly payment method of four (4)…

The hearings herein provided may be conducted by the commission itself at a regular or special meeting of the commission, or the commission may designate a hearing officer, who may be the executive director, who shall have the power and authority to conduct such hearings in the n…

(1) Within fifteen (15) days after receipt by the Department of Environmental Quality an application for any initial or modified air or water permit required under the Mississippi Air and Water Pollution Control Law that is submitted after April 16, 1993 the Department of Environ…

Any interested person shall have the right to request the commission to call a hearing for the purpose of taking action in respect to any matter within the jurisdiction of the commission by making a request therefor in writing. Upon receipt of any such request, the commission sha…

(1) It is unlawful for any person to knowingly: (a) fail to pay any fee assessed by the commission for administration of the federal air operating permit program; (b) fail to satisfy any air operating permit filing requirement; (c) make any false statement, representation of cert…

All hearings before the commission shall be recorded either by a court reporter or by tape or mechanical recorders and subject to transcription upon order of the commission or any interested party, but in the event that the request for transcription originates with an interested …

Information obtained by the commission concerning environmental protection including but not limited to information contained in applications for air emission equipment construction permits and water discharge permits shall be public information and shall be made available upon p…

Sections 49-17-401 through 49-17-433 shall be known as the Mississippi Underground Storage Tank Act of 1988.

(a) For the purposes of Sections 49-17-401 through 49-17-433, the following shall have the meaning ascribed in this section:(a) “Active site” means a site of an underground storage tank where an owner can be identified and where the tank is available for use in the management and…

(1) There is hereby created the Mississippi Groundwater Protection Trust Fund, hereinafter referred to as the “fund” to be administered by the Executive Director of the Department of Environmental Quality. The commission shall adopt regulations for administering this fund. (2) Th…

(1) (a) An environmental protection fee of Four-tenths of One Cent (⁴⁄₁₀ of 1¢) per gallon is hereby levied upon any bonded distributor, as defined by Sections 49-17-401 through 49-17-433, who sells or delivers motor fuels to a retailer or user in this state.(b) Every person, oth…

(a) The commission is authorized to establish requirements for the written reporting of motor fuel contamination incidents from underground storage tanks. All sites involving incidents of motor fuel contamination from underground storage tanks, where the owner of such tanks is in…

In addition to any other remedies that might now be available, any person or interested party aggrieved by any order of the commission or the executive director shall have a right to file a sworn petition with the commission within thirty (30) days after the order was issued sett…

No person shall own, install or operate an underground storage tank without complying with the applicable regulations of the commission.

(1) The commission shall promulgate rules and regulations governing underground storage tanks, which shall include, but not be limited to:(a) Notification of abandoned underground storage tanks;(b) Registration of underground storage tanks currently under operation;(c) Standards …

(a) For the purposes of identifying the source of known or suspected pollution, developing or assisting in the development of any regulation, conducting any study, taking corrective action or enforcing the provisions of Sections 49-17-401 through 49-17-433, any owner or operator …

Nothing contained in the Mississippi Underground Storage Tanks Act of 1988 (Sections 49-17-401 through 49-17-433) shall prevent the commission from requiring any owner of an underground storage tank from taking timely and effective corrective action. The commission may use the Po…

(1) Any lender or holder who maintains indicia of ownership primarily to protect an interest in a property, facility, or other person, and who does not participate in the management of the property, facility, or other person, shall not be considered an owner or operator of that p…

(1) After receiving the annual report and recommendation of the Underground Storage Tank (UST) Advisory Council, the commission may assess and collect an annual tank regulatory fee in an amount sufficient to administer Sections 49-17-401 through 49-17-435, but not to exceed Two H…

(1) An Underground Storage Tank (UST) Advisory Council is created to consult with the commission on all matters relating to the UST program, to conduct an independent study of the development and administration costs of the program and to conduct an annual review of administering…