House Bill 719

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.

In the House of Representatives

• Sam C. Mims, V

  Sponsor

• Senate committee amendmentAdopted

  Adopted Mar 7

l9n doesn't hold this bill's text yet.

In the House of Representatives Jan 21 – Feb 1

1. Jan 21Referred to the House committee on Public Health and Human Services
2. Jan 29Reported from committee in the House: title sufficient, do pass as a committee substitute
3. Feb 1Committee substitute adopted in the House
4. Passed the House

In the Senate Feb 5 – Mar 7

1. Feb 5Sent to the Senate
2. Feb 12Referred to the Senate committee on Public Health and Welfare
3. Feb 27Reported from committee in the Senate: title sufficient, do pass as amended
4. Mar 7Amended in the Senate
5. Passed the Senate as amended

Back in the House of Representatives Mar 7 – Apr 9

1. Mar 7Motion in the Senate to reconsider entered
2. Mar 14Motion in the Senate to reconsider tabled
3. Returned to the House to concur in the Senate's amendments
4. Mar 19Declined in the House to concur, and invited a conference
5. Mar 25Conferees named in the House: Mims, Barker and Lott
6. Mar 26Conferees named in the Senate: Kirby, Burton and Smith
7. Mar 28Conference report filed in the Senate
8. Conference report filed in the House
9. Mar 29Conference report adopted in the House
10. Apr 2Conference report adopted in the Senate
11. Apr 9Enrolled bill signed in the Senate

To the Governor Apr 9 – Apr 23

1. Apr 9Enrolled bill signed in the House
2. Apr 23Approved by the Governor