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Mississippi Statutes, Title 17

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Mississippi/Statutes

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Title 17, Local Government; Provisions Common to Counties and Municipalities

19 chapters · 310 sections in this title.

All chapters in Title 17310 Ch 17, Solid Wastes Disposal124 Ch 11, Gulf Regional District Law31 Ch 1, Zoning, Planning and Subdivision Reg…25 Ch 18, Mississippi Hazardous Waste Facility…24 Ch 25, General Provisions Relating to Count…23 Ch 3, Promotion of Trade, Conventions and …17 Ch 13, Interlocal Cooperation of Government…9 Ch 5, Jails, Waterworks and Other Improvements8 Ch 2, Building Codes7 Ch 21, Finance and Taxation7 Ch 15, Human Resource Agencies6 Ch 27, Municipal Historical Hamlet Act6 Ch 31, Safe Solicitation Act6 Ch 9, Lease of Mineral Lands other than Si…5

310 sections·Filtered byTitle 17✕

Miss. Code Ann. § 17-17-225 Establishment of criteria for evaluation of local nonhazardous solid waste management plans
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(a) Before July 1, 1992, the commission shall establish criteria for the evaluation of local nonhazardous solid waste management plans. These criteria shall include, but not be limited to, the following:(a) The unit of local government’s demonstration of the understanding of its …
Miss. Code Ann. § 17-17-227 County adoption of local nonhazardous solid waste management plan; contents; municipality participation; interlocal agreements; notice, ratification, review and implementation; alternative procedure for modifications; department to maintain copies; noncompliance with publication requirements
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(1) Each county, in cooperation with municipalities within the county, shall prepare, adopt and submit to the commission for review and approval a local nonhazardous solid waste management plan for the county. Each local nonhazardous solid waste management plan shall include, at …
Miss. Code Ann. § 17-17-229 Facility permits for nonhazardous solid waste management; application requirements and criteria
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(1) After approval of a local nonhazardous solid waste management plan by the commission, neither the department, the permit board nor any other agency of the State of Mississippi shall issue any permit, grant or loan for any nonhazardous solid waste management facility in a coun…

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Miss. Code Ann. § 17-17-231 Adoption of rules and regulations governing municipal sanitary landfills

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(1) The Commission on Environmental Quality may adopt rules and regulations governing municipal solid waste landfills that accept household wastes, but any rules and regulations for such landfills shall, except for the adoption of criteria and standards to be considered in the lo…

Miss. Code Ann. § 17-17-233 Establishment, collection and disposition of fees, surcharges, etc., to produce resources for closure of landfills and post-closure monitoring and remediation

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(a) From and after October 9, 1993, the owner of a sanitary landfill shall establish a fee, or a surcharge on existing fees or other appropriate revenue-producing mechanism, to ensure the availability of financial resources for the proper closure of the sanitary landfill and post…

Miss. Code Ann. § 17-17-235 Proof of financial responsibility by owner or operator of sanitary landfill in lieu of requirements of § 17-17-233

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An owner or operator of a sanitary landfill may establish proof of financial responsibility with the commission in lieu of the requirements of Section 17-17-233. Such proof may include surety bonds, certificates of deposit, securities, letter of credit, or other methods, as appro…

Miss. Code Ann. § 17-17-237 Local referendum election to approve new municipal solid waste landfill; procedure

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(1) No new municipal solid waste landfill shall be incorporated into any solid waste management plan and no reference in any existing plan to any unpermitted new municipal solid waste landfill shall be effective, applicable or operative and no permit, grant or loan shall be appro…

Miss. Code Ann. § 17-17-27 Enforcement of chapter; adoption of rules and regulations; revocation of permit; variances; renewals or extensions; public availability of information; application of Trade Secrets Act

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(1) The department shall exercise such supervision over restrictions, equipment, methodology and personnel in the management of solid wastes as may be necessary to enforce sanitary requirements; and the commission shall adopt such rules and regulations as may be needed to specify…

Miss. Code Ann. § 17-17-29 Penalties; injunction; recovery of cost of remedial action; disposition of fines

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(1) Any person found by the commission violating any of the provisions of Sections 17-17-1 through 17-17-47, or any rule or regulation or written order of the commission in pursuance thereof, or any condition or limitation of a permit, shall be subject to a civil penalty of not m…

Miss. Code Ann. § 17-17-3 Definitions

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(a) For purposes of this chapter, the following words shall have the following definitions unless the context indicates otherwise:(a) “Advanced plastic recycling” means a manufacturing process for the conversion of post-use polymers and recovered feedstocks into basic hydrocarbon…

Miss. Code Ann. § 17-17-301 Short title

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Sections 17-17-301 through 17-17-349 shall be known and cited as the “Mississippi Regional Solid Waste Management Authority Act.”

Miss. Code Ann. § 17-17-303 Legislative findings

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The Legislature hereby finds and declares: that the collection, disposal and utilization of municipal solid waste is a matter of grave concern to all citizens and is an activity thoroughly affected with the public interest; that the health, safety and welfare of the people of thi…

Miss. Code Ann. § 17-17-305 Definitions

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(a) Whenever used in Sections 17-17-301 through 17-17-349, the following words and terms shall have the following respective meanings unless a different meaning clearly appears from the context:(a) “Authority” means a regional solid waste management authority created under Sectio…

Miss. Code Ann. § 17-17-307 Creation of authority

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Any unit of local government or any combination thereof may form a regional solid waste management authority. Creation of an authority shall be initiated by ordinance or resolution duly adopted by the governing body of each unit of local government. The ordinance or resolution sh…

Miss. Code Ann. § 17-17-309 Incorporation of authority

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(1) Within forty (40) days following the adoption of the final authorizing resolution, the designated representatives shall proceed to incorporate an authority by filing for record in the office of the chancery clerk of the participating counties and the Secretary of State an inc…

Miss. Code Ann. § 17-17-31 Provisions supplemental

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The provisions of this chapter are supplemental and in addition to Section 21-19-1 and Sections 19-5-17 through 19-5-27, Mississippi Code of 1972.

Miss. Code Ann. § 17-17-311 Amendment of incorporation agreement; withdrawal of member from authority; effect of withdrawal

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(1) The incorporation agreement of any authority may be amended in the manner provided in this section. The board of the authority shall first adopt a resolution proposing an amendment to the incorporation agreement. The amendment shall be set forth in full in the resolution and …

Miss. Code Ann. § 17-17-313 Board of commissioners of authority; employees; budget

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(1) All powers of the authority shall be vested in the board of commissioners. Each member of the authority shall have at least one (1) commissioner on the board.The incorporators shall by duly adopted resolution or bylaws designate the vote of each commissioner based upon pro ra…

Miss. Code Ann. § 17-17-315 Administrative office; contracts for provision of staff support, administrative and operational services; preparation, development and review of solid waste management plan

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The board may contract with and designate a local planning and development district in its jurisdiction to serve as the administrative office of the authority and to provide such staff support as may be necessary for the operation and administration of the authority. In addition,…

Miss. Code Ann. § 17-17-317 Powers of authority generally

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(a) From and after the creation of an authority it shall be a public corporation participating under its corporate name and shall, in that name, be a body politic and corporate with all the rights and powers necessary or convenient to carry out the purposes of Sections 17-17-301 …

Miss. Code Ann. § 17-17-319 Promulgation of rules and regulations relating to construction, operation and maintenance of facility owned or operated by authority; requirement of flow of municipal solid waste to particular designated facilities; disposal of waste at previously established projects

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(1) The authority may adopt and promulgate all reasonable rules and regulations regarding the specifications and standards relating to the construction, operation and maintenance of any facility owned or operated by the authority to comply with all federal and state environmental…

Miss. Code Ann. § 17-17-321 Contracts between public agencies and authority for provision of solid waste management services by authority; payments for services and contributions by public agencies

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(1) Any public agency may, pursuant to a duly adopted resolution, contract with the authority for the authority to acquire, construct or provide facilities and projects to be owned by the authority for furnishing municipal solid waste management services to the public agency or t…

Miss. Code Ann. § 17-17-323 Rates and fees charged by public agencies for services provided by authority

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Whenever a public agency enters into a contract as authorized by Sections 17-17-301 through 17-17-349, and the payments are to be made either wholly or partly from the revenues of the authority’s facilities, the duty is hereby imposed on the public agency at the direction of the …

Miss. Code Ann. § 17-17-325 Submission of local nonhazardous solid waste management plan by authority; designation of geographic area for collection, storage, processing and disposal of solid waste; approval of permit application for facility

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The authority may at the direction of the governing bodies of the participating units of local government submit a local nonhazardous solid waste management plan as required by Sections 17-17-201 through 17-17-235, to the Commission on Environmental Quality providing the authorit…

Miss. Code Ann. § 17-17-327 Bonds of authority

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(1) The authority is empowered and authorized, from time to time, to issue bonds in such principal amounts as shall be necessary to provide sufficient funds for achieving any of its corporate purposes, including, without limiting the generality of the foregoing, the financing of …

Miss. Code Ann. § 17-17-329 Issuance by counties of general obligation bonds for solid waste management facilities

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(1) The board of supervisors of a county and the governing authorities of a municipality, acting jointly or severally, shall have the power and is hereby authorized, from time to time, to issue general obligation bonds of the county or municipality for the purpose of providing su…

Miss. Code Ann. § 17-17-33 Participation in regional solid waste disposal, recycling, and recovery systems authorized

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Counties, municipal and private companies are hereby authorized to participate in applicable approved regional solid waste disposal, recycling and recovery systems.

Miss. Code Ann. § 17-17-331 Temporary borrowing by authority

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(1) Pending the issuance of revenue bonds by the authority, the authority is hereby authorized to make temporary borrowings not to exceed two (2) years in anticipation of the issue of bonds in order to provide funds in such amounts as may, from time to time, be deemed advisable p…

Miss. Code Ann. § 17-17-333 Refunding bonds of authority

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The authority may issue refunding bonds for the purpose of paying any of its bonds at or prior to maturity or upon acceleration or redemption. Refunding bonds may be issued at such time prior to the maturity or redemption of the refunded bonds as the authority deems to be in the …

Miss. Code Ann. § 17-17-335 Issuance by municipalities or counties of bonds for payment of costs for closure, post-closure maintenance or corrective action for solid waste management facilities

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The governing body of any municipality or county which owns and operates a municipal solid waste management facility which as a result of Subtitle D regulation of the Resource Conservation and Recovery Act of 1976, as amended, is required to incur cost for the closure, post-closu…

Miss. Code Ann. § 17-17-337 Validation of bonds

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All bonds issued pursuant to Sections 17-17-329, 17-17-333 and 17-17-335 may be validated as now provided by law in Sections 31-13-1 through 31-13-11, Mississippi Code of 1972. Such validation proceedings shall be instituted in the chancery court of the county in which the princi…

Miss. Code Ann. § 17-17-339 Terms and conditions of bonds of authority generally

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(a) The authority shall have power in the issuance of its bonds to:(a) Covenant as to the use of any or all of its property, real or personal.(b) Redeem the bonds, to covenant for their redemption and to provide the terms and conditions thereof.(c) Covenant to charge rates, fees …

Miss. Code Ann. § 17-17-341 Appointment of trustee or receiver for enforcement or protection of rights of bondholders

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The authority may, in any authorizing resolution of the board of commissioners, trust indenture or other security instrument relating to its bonds, provide for the appointment of a trustee who shall have such powers as are provided therein to represent the bondholders of any issu…

Miss. Code Ann. § 17-17-343 Exemption from taxation

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(1) The exercise of the powers granted by Sections 17-17-301 through 17-17-349 will be in all respects for the benefit of the people of the state, for their well-being and prosperity and for the improvement of their social and economic conditions, and the authority shall not be r…

Miss. Code Ann. § 17-17-345 Powers of counties, municipalities or other political subdivisions and agencies and instrumentalities thereof as to assistance and cooperation with authorities

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(1) For the purpose of attaining the objectives of Sections 17-17-301 through 17-17-349, any county, municipality or other unit of local government, public corporation, agency or instrumentality of the state, a county or municipality may, upon such terms and with or without consi…

Miss. Code Ann. § 17-17-347 Determination by local governments of costs for solid waste management within governmental service areas; establishment of systems for informing users of costs for solid waste management services; use of enterprise funds

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(1) At the conclusion of each fiscal year, beginning with Fiscal Year 1992, each unit of local government shall determine during its regular audit the full and complete cost for solid waste management within the service area of the unit of local government for the previous fiscal…

Miss. Code Ann. § 17-17-348 Counties and municipalities to publish detailed report of revenues and costs incurred in operating garbage or rubbish collection or disposal systems

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(1) In addition to any notice requirements otherwise provided by law, the board of supervisors of each county and the governing authorities of each municipality, before the first day of the fiscal year, shall publish in a newspaper having a general circulation in the county, a de…

Miss. Code Ann. § 17-17-349 Derivation of pecuniary benefit by elected or appointed officials

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No elected or appointed official shall derive any pecuniary benefit, directly or indirectly, as a result of such elected or appointed official’s duties under Sections 17-17-301 through 17-17-349.

Miss. Code Ann. § 17-17-35 Entry and inspection of generating, treating, storage, transportation and disposal equipment, facilities, etc

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Authorized employees or representatives of the department shall be authorized to enter and inspect generating, treating, storage, transportation and disposal equipment, facilities or sites to determine proper treatment, storage, transportation and/or disposal. Employees and/or re…

Miss. Code Ann. § 17-17-37 Property rights in solid wastes

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The solid wastes involved shall become the lawful property of the local governments and/or commercial enterprises involved at the point of collection and in the absence of contractual provisions to the contrary, shall become the property of the operator of an approved system upon…

Miss. Code Ann. § 17-17-39 Construction or operation of authorized solid waste disposal systems or facilities not impaired

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Nothing in Sections 17-17-33 through 17-17-41 shall be construed to prohibit local governments from the construction or operation of approved sanitary landfills, or of any other heretofore or hereafter approved solid waste disposal system, it being the intent of Sections 17-17-33…

Miss. Code Ann. § 17-17-401 Legislative findings

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(a) The Legislature finds that:(a) Uncontrolled disposal of waste tires may create a public health and safety problem because tire piles act as breeding sites for mosquitoes and other disease-transmitting vectors, pose substantial fire hazards and present a difficult disposal pro…

Miss. Code Ann. § 17-17-403 Definitions

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(a) The following words and phrases shall have the meanings ascribed in this section unless the context clearly indicates otherwise:(a) “Commission” means the Commission on Environmental Quality.(b) “Collection contractor” means a person approved by the department and used by a c…

Miss. Code Ann. § 17-17-405 Provision to department of information regarding waste tire collection sites; maintenance of unauthorized waste tire collection or disposal sites; disposal of waste tires at unauthorized sites; closure of sites upon cessation of operations

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(1) Owners and operators of any waste tire collection site shall provide the department with information concerning the site’s location, size and approximate number of waste tires that have been accumulated at the site. The department shall promptly provide that information to th…

Miss. Code Ann. § 17-17-407 Promulgation and enforcement of rules and regulations

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(a) The commission may promulgate and enforce rules and regulations pertaining to collection, transportation, storage, processing and disposal of waste tires and may modify, repeal, make exceptions to and grant exemptions and variances from the rules and regulations. The rules an…

Miss. Code Ann. § 17-17-409 Powers and duties of counties, regional solid waste management authorities or municipalities regarding waste tire collection, processing and disposal

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Each county, regional solid waste management authority or municipality, as the case may be, shall, as part of its local nonhazardous solid waste management plan as required by law, plan and provide an adequate number of waste tire collection sites within its jurisdiction, for the…

Miss. Code Ann. § 17-17-41 Construction or operation of recycling plants or sale or gift of solid wastes not prohibited

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Nothing in Sections 17-17-33 through 17-17-41 shall be construed to prohibit private enterprise or other agencies from the construction or operation of recycling plants or to prohibit the sale or gift of solid wastes to private enterprise or other agencies by local governments.

Miss. Code Ann. § 17-17-411 Registration of waste tire haulers; issuance and use of hauler identification numbers

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(1) Any waste tire hauler transporting waste tires within or into the state must register with the department. Following submission of a completed application, the department shall issue to the waste tire hauler a waste tire hauling identification number. (2) Each waste tire haul…

Miss. Code Ann. § 17-17-413 Execution and disposition of certification form relating to waste tires collected and shipped for storage, processing or disposal

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(1) Every tire retailer or other person providing waste tires for transportation to a facility for storage, processing or disposal shall complete and sign a certification form, as prescribed by the department certifying the number of waste tires shipped for processing or disposal…

Miss. Code Ann. § 17-17-415 Tire retailers required to accept used or waste tires from customer at time of purchase; fee for accepting used or waste tire for disposal; limits and restrictions on holding of waste tires by retailers or wholesalers, motor vehicle dismantlers and salvage dealers

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(1) Any person selling new or reusable tires at retail shall accept from a customer at the point of transfer, used or waste tires in a quantity at least equal to the number of new or reusable tires purchased, if offered by the customer. The retailer may assess a disposal fee on e…