§ 17-18-1. Short title
This chapter shall be known and may be cited as the “Mississippi Hazardous Waste Facility Siting Act of 1990.”
§ 17-18-11. Hazardous Waste Technical Siting Committee
There is hereby created the Hazardous Waste Technical Siting Committee, which shall be located within the Department of Finance and Administration. The committee shall exercise all of its powers independently of the department and, notwithstanding any other provision of law, shall be subject to the direction and supervision of the executive director of the department […]
§ 17-18-13. Powers and duties of committee
The committee shall exercise the following powers and duties in carrying out the purposes of this chapter: It shall recommend to the authority, in accordance with the hazardous waste management category determination as provided in Section 49-29-7, the technology and design capacity for each component of the state commercial hazardous waste management facility operated under […]
§ 17-18-15. Committee to develop site-selection criteria and methodology; considerations; public hearing
On or before April 1, 1991, the committee shall develop criteria and methodology for selecting sites for the state commercial hazardous waste management facility. Site-selection criteria and methodology shall be specifically adapted to take into account the technologies and design capacity of the state commercial hazardous waste management facility. Site-selection criteria and methodology shall be […]
§ 17-18-17. Volunteer host community for hazardous waste management facility; procedures for volunteering
Except as provided in subsection (2) of this section, a community desiring to volunteer to host the state commercial hazardous waste management facility to be operated pursuant to this chapter may propose to do so by the adoption of a resolution by a majority vote of the governing body of the local governmental unit. The […]
§ 17-18-19. Committee to recommend sites for facility
On or before October 1, 1991, the committee shall recommend in writing to the authority three (3) candidate sites for the state commercial hazardous waste management facility. The recommendation shall include a comparative evaluation relative to the site selection criteria of each candidate site with other sites and locations that were considered and a description […]
§ 17-18-21. Authority to designate site for facility
On or before January 1, 1992, the authority shall submit in writing to the Governor and the executive director of the department the designated site for the state commercial hazardous waste management facility. The designation shall include a description of the decision process by which the designated site was selected. Priority shall be given to […]
§ 17-18-23. Acquisition of selected site
On or before October 1, 1992, the executive director of the department shall purchase or, if necessary, otherwise acquire property for the site on behalf of the state. If purchased, fee simple title to real property shall be vested in the State of Mississippi by and through the department.
§ 17-18-25. Contracts for design, construction and operation of facility; failure to execute contracts
The department shall actively seek a qualified private contractor or contractors to design, construct and operate the state commercial hazardous waste management facility. A single contractor may design, construct and operate the facility. If the department is unable to successfully negotiate and execute a contract or contracts for the design, construction and operation of the […]
§ 17-18-27. Sale of site property
The department may sell the real property for the site and any improvements thereon to any non-governmental entity that meets all requirements mandated by federal law and regulations and all requirements mandated by state law and regulations for the operation of a commercial hazardous waste management facility. If the department decides to sell the property, […]
§ 17-18-29. Site closure plan; post-closure monitoring; maintenance and remedial actions
The department shall enter into an agreement with the operator of the state commercial hazardous waste management facility for the safe and proper closure of the facility. The operator’s site closure plan shall be subject to the approval of the department. The approval of the department under this section is in addition to the approval […]
§ 17-18-3. Legislative intent
It is the intent of the Legislature that: The generation of hazardous waste should be reduced or eliminated at the source and hazardous waste that is generated should be recycled, reused or minimized; and This chapter shall describe a process to identify appropriate hazardous waste management technologies and to site a state commercial hazardous waste […]
§ 17-18-31. Perpetual Care Fund; purposes of fund; funding
There is hereby created in the State Treasury a fund to be designated as the “Perpetual Care Fund,” hereinafter referred to in this section as “fund,” which may be used for: Administration of the fund; Emergency response and decontamination at the state commercial hazardous waste management facility; Post-closure physical surveillance, environmental monitoring, maintenance, care, custody […]
§ 17-18-33. Fees generally; contracts for operation of facilities; cost considerations in establishing and revising fee schedules; use of excess funds
For the state commercial hazardous waste management facility the department, in consultation with the Department of Environmental Quality, shall establish and revise as necessary schedules of user fees and other charges, including nonregulatory penalties and surcharges. For facilities operated by private enterprise pursuant to this chapter, the department, in consultation with the Department of Environmental […]
§ 17-18-35. Designated site local advisory committee; membership; powers; one-time local application fee for permit to operate facility
Upon site designation for the state commercial hazardous waste management facility, the governing body of the local governmental unit wherein the site is designated may appoint a designated site local advisory committee. The advisory committee shall consist of seven (7) members representing insofar as possible local government, environmental, health, engineering, business and industry, agricultural, academic, […]
§ 17-18-37. Grant for volunteer host community which is designated site; host community authorized to obtain loan from hazardous waste facility site revolving loan fund; negotiations between governing body of host community and department for percentage of gross receipts from facility
A volunteer host community which is the designated site shall be paid a grant of One Million Dollars ($1,000,000.00) from the State General Fund after the state commercial hazardous waste management facility is permitted and construction thereof has commenced. A host community which is the designated site for the state commercial hazardous waste management facility […]
§ 17-18-39. Local governmental unit may negotiate with department; issues excluded; arbitration
The governing body of any local governmental unit wherein the site is designated may negotiate with the department with respect to any issue relating to the facility except: The need for the facility; Any proposal to reduce the powers or duties of the department, the authority or the committee under this chapter or under any […]
§ 17-18-41. Immunity from personal liability; Attorney General as legal representative of authority and committee
No member, officer or employee of the department, authority or committee while acting within the scope of their authority shall be subject to any personal liability by reason of any act or omission in connection with the exercise of any power or performance of any duty whether expressed or implied pursuant to this chapter. Except […]
§ 17-18-43. Report to Legislature
The department shall report to the Legislature on January 1 of each year regarding its progress in the activities set out under this chapter. The report shall also include an accounting of the collection and expenditures of all authorized funds and recommendations for any additional legislative authority required in furtherance of the activities under this […]
§ 17-18-45. Elected or appointed officials not to derive any pecuniary benefit
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 this chapter.