MS HB719 | 2013 | Regular Session

Status

Completed Legislative Action
Spectrum: Partisan Bill (Republican 1-0)
Status: Passed on April 23 2013 - 100% progression
Action: 2013-04-23 - Approved by Governor
Text: Latest bill text (Enrolled) [HTML]

Summary

An Act To Reenact Sections 41-67-1 Through 41-67-29 And 41-67-33 Through 41-67-39, Mississippi Code Of 1972, Which Are The Mississippi Individual On-site Wastewater Disposal Law; To Amend Reenacted Section 41-67-2, Mississippi Code Of 1972, To Revise Certain Definitions And Add New Definitions; To Amend Reenacted Section 41-67-3, Mississippi Code Of 1972, To Revise The General Powers And Duties Of The State Board Of Health And The State Department Of Health Regarding Individual On-site Wastewater Disposal Systems; To Amend Reenacted Section 41-67-4, Mississippi Code Of 1972, To Revise The Authority Of The Department For Determining The Feasibility Of Establishing Centralized Wastewater Treatment Systems; To Amend Reenacted Section 41-67-5, Mississippi Code Of 1972, To Include The Current Language Prohibiting Public Utilities Supplying Water From Making Connection To Any 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 Law; To Amend Reenacted Section 41-67-6, Mississippi Code Of 1972, To Include The Current Language That This Law Does Not 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 Law; To Include The Current Language Requiring That 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; To Amend Reenacted Section 41-67-7, Mississippi Code Of 1972, To Include The Current Language That Approval Of The Design, Construction Or Installation Of An Individual On-site Wastewater Disposal System By The Department Is Required, And The Current Language Specifying The Procedure For Obtaining Department Approval; To Revise The Requirements For When Individual On-site Wastewater Disposal Systems Will Be Considered Acceptable; To Include The Current Language On The Procedure For A Final Approval Request By The Property Owner After Construction Or Installation Of An Individual On-site Wastewater Disposal System; To Include The Current Language Authorizing The Board To Levy An Administrative Fine If A 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; To Include The Current Language That Requires The Property Owner To Keep A Continuing Maintenance Agreement With A Certified Installer Or Qualified Homeowner Maintenance Provider On All Advanced Treatment Systems In Perpetuity; To Amend Reenacted Section 41-67-9, Mississippi Code Of 1972, To Grandfather In All Existing Individual On-site Wastewater Disposal Systems On July 1, 2014, Until A Valid Complaint Is Registered Or Until A Property Owner Requests An Inspection By The Department; To Revise The Requirements For Existing Individual On-site Wastewater Disposal Systems To Be Considered Acceptable; To Amend Reenacted Section 41-67-10, Mississippi Code Of 1972, To Provide That Advanced Treatment Systems May Be Installed Only If They Have Been Tested And Are Listed By An American National Standards Institute (ansi) Third-party Certifying Program At The Time Of Installation; To Amend Reenacted Section 41-67-11, Mississippi Code Of 1972, To Revise The Provisions Governing When 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; To Amend Reenacted Section 41-67-12, Mississippi Code Of 1972, To Provide For A Fee For Annual Certification Of Pumpers; To Amend Reenacted Section 41-67-21, Mississippi Code Of 1972, To Include The Current Language Regarding The Requirements For Repairing An Existing Residential Individual On-site Wastewater Disposal System That Is Malfunctioning And Delete The Current Language Requiring Replacement Of The System; To Conform The Maximum Amount Of The Civil Penalties Authorized For Malfunctioning Systems; To Amend Reenacted Section 41-67-27, Mississippi Code Of 1972, To Require Registration Of Manufacturers Of Components Used In An Individual On-site Wastewater Disposal System; To Amend Reenacted Section 41-67-33, Mississippi Code Of 1972, To Include The Current Language Regarding The Procedure By Which Homeowners May Obtain A Variance For A Proposed Wastewater Treatment System From The Department By Showing That The Proposed System Will Properly Treat And Maintain Wastewater On The Property; To Repeal Section 41-67-35, Mississippi Code Of 1972, Which Prohibits A Person From Operating As A Maintenance Provider Unless The Person Is Certified As One By The Department Or Is A Certified Installer; To Amend Reenacted Section 41-67-39, Mississippi Code Of 1972, To Revise The Requirements For Certification As A Pumper; To Create New Section 41-67-41, Mississippi Code Of 1972, To Create The Wastewater Advisory Council For The Purpose Of Advising The Department Regarding Individual On-site Wastewater Disposal Systems; To Amend Section 41-67-31, Mississippi Code Of 1972, To Extend The Date Of The Repealer On The Mississippi Individual On-site Wastewater Disposal Law; To Amend Reenacted Sections 41-67-1, 41-67-19, 41-67-23, 41-67-25, 41-67-28 And 41-67-37, Mississippi Code Of 1972, To Conform To The Preceding Provisions; And For Related Purposes.

Tracking Information

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Title

MS Individual On-Site Wastewater Disposal System Law; extend repealer on and revise various provisions of.

Sponsors


Roll Calls

2013-04-02 - Senate - Senate Conference Report Adopted (Y: 52 N: 0 NV: 0 Abs: 0) [PASS]
2013-03-29 - House - House Conference Report Adopted (Y: 115 N: 2 NV: 2 Abs: 0) [PASS]
2013-03-07 - Senate - Senate Passed As Amended (Y: 47 N: 5 NV: 0 Abs: 0) [PASS]
2013-02-01 - House - House Passed (Y: 88 N: 29 NV: 4 Abs: 0) [PASS]

History

DateChamberAction
2013-04-23 Approved by Governor
2013-04-09HouseEnrolled Bill Signed
2013-04-09SenateEnrolled Bill Signed
2013-04-02SenateConference Report Adopted
2013-03-29HouseConference Report Adopted
2013-03-28HouseConference Report Filed
2013-03-28SenateConference Report Filed
2013-03-26SenateConferees Named Kirby,Burton,Smith
2013-03-25HouseConferees Named Mims,Barker,Lott
2013-03-19HouseDecline to Concur/Invite Conf
2013-03-14SenateReturned For Concurrence
2013-03-14SenateMotion to Reconsider Tabled
2013-03-07SenateMotion to Reconsider Entered
2013-03-07SenatePassed As Amended
2013-03-07SenateAmended
2013-02-27SenateTitle Suff Do Pass As Amended
2013-02-12SenateReferred To Public Health and Welfare
2013-02-05HouseTransmitted To Senate
2013-02-01HousePassed
2013-02-01HouseCommittee Substitute Adopted
2013-01-29HouseTitle Suff Do Pass Comm Sub
2013-01-21HouseReferred To Public Health and Human Services

Mississippi State Sources


Bill Comments

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