Department of Environmental Quality; require to approve or deny permits within a prescribed time frame.

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To: State Affairs
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Fondren

HOUSE BILL NO. 1587

AN ACT TO REQUIRE THE DEPARTMENT OF ENVIRONMENTAL QUALITY TO 1
APPROVE OR DENY PERMITS WITHIN A PRESCRIBED TIME FRAME, AND IF IT 2
FAILS TO DO SO, DEEM THE PERMIT APPROVED TO BRING FORWARD SECTIONS 3
49-27-9, 49-27-23, 49-27-37, 51-3-5 AND 53-7-39, MISSISSIPPI CODE 4
OF 1972, WHICH RELATE TO CERTAIN PERMITS, FOR PURPOSE OF POSSIBLE 5
AMENDMENT; TO AMEND SECTIONS 49-17-29, 49-17-34 AND 49-27-11, 6
MISSISSIPPI CODE OF 1972, TO MAKE MINOR, NONSUBSTANTIVE CHANGES; 7
AND FOR RELATED PURPOSES. 8
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 9
SECTION 1. (1) As used in this section, the following words 10
have the meanings as defined in this section unless the context 11
clearly indicates otherwise: 12
(a) "Department" means the Mississippi Department of 13
Environmental Quality. 14
(b) "Permit" means any license, permit, or other 15
certification issued by the department which is necessary for 16
activities relating to real estate development. 17
(2) The department shall, upon receiving an application for 18
a permit, determine whether the application is complete, and if 19
not, within fifteen (15) calendar days after receiving the 20
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application, respond to the applicant in writing with a 21
description of the deficiencies in the application. 22
The department shall approve or deny such application within 23
forty-five (45) calendar days after receiving a completed 24
application for a permit. 25
(3) Unless waived by the applicant, if the department fails 26
to approve or deny an application for permit within the 45-day 27
period described in subsection (2) of this section, the 28
application for the permit shall be deemed approved, and the 29
department shall issue the permit upon the payment of any 30
applicable fee. 31
SECTION 2. Section 49-17-29, Mississippi Code of 1972, is 32
amended as follows: 33
49-17-29. (1) (a) Except as in compliance with paragraph 34
(b) of this subsection, it is unlawful for any person to cause 35
pollution of the air in the state or to place or cause to be 36
placed any wastes or other products or substances in a location 37
where they are likely to cause pollution of the air. It is also 38
unlawful to discharge any wastes, products or substances into the 39
air of the state which exceed standards of performance, hazardous 40
air pollutant standards, other emission standards set by the 41
commission, or which reduce the quality of the air below the air 42
quality standards or increments established by the commission or 43
prevent attainment or maintenance of those air quality standards. 44
Any such action is hereby declared to be a public nuisance. 45
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(b) It is unlawful for any person to build, erect, 46
alter, replace, use or operate any equipment which will cause the 47
issuance of air contaminants unless that person holds a permit 48
from the Permit Board (except repairs or maintenance of equipment 49
for which a permit has been previously issued), or unless that 50
person is exempted from holding a permit by a regulation 51
promulgated by the commission. Concentrated animal feeding 52
operations may be a source or a category of sources exempted under 53
this paragraph. However, no new or existing applications relating 54
to swine concentrated animal feeding operations within a county 55
shall be exempted from regulations and ordinances which have been 56
duly passed by the county's board of supervisors and which are in 57
force on June 1, 1998. 58
(2) (a) Except as in compliance with paragraph (b) of this 59
subsection, it is unlawful for any person to cause pollution of 60
any waters of the state or to place or cause to be placed any 61
wastes in a location where they are likely to cause pollution of 62
any waters of the state. It is also unlawful to discharge any 63
wastes into any waters of the state which reduce the quality of 64
those waters below the water quality standards established by the 65
commission; or to violate any applicable pretreatment standards or 66
limitations, technology-based effluent limitations, toxic 67
standards or any other limitations established by the commission. 68
Any such action is declared to be a public nuisance. 69
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(b) It is unlawful for any person to carry on any of 70
the following activities, unless that person holds a current 71
permit for that activity from the Permit Board as may be required 72
for the disposal of all wastes which are or may be discharged into 73
the waters of the state, or unless that person is exempted from 74
holding a permit by a regulation promulgated by the commission: 75
(i) the construction, installation, modification or operation of 76
any disposal system or part thereof or any extension or addition 77
thereto, including, but not limited to, systems serving 78
agricultural operations; (ii) the increase in volume or strength 79
of any wastes in excess of the permissive discharges specified 80
under any existing permit; (iii) the construction, installation or 81
operation of any industrial, commercial or other establishment, 82
including irrigation projects or any extension or modification 83
thereof or addition thereto, the operation of which would cause an 84
increase in the discharge of wastes into the waters of the state 85
or would otherwise alter the physical, chemical or biological 86
properties of any waters of the state in any manner not already 87
lawfully authorized; (iv) the construction or use of any new 88
outlet for the discharge of any wastes into the waters of the 89
state. However, no new or existing applications relating to swine 90
concentrated animal feeding operations within a county shall be 91
exempted from regulations and ordinances which have been duly 92
passed by the county's board of supervisors and which are in force 93
on June 1, 1998. 94
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(3) (a) Except as otherwise provided in this section, the 95
Permit Board created by Section 49-17-28 shall be the exclusive 96
administrative body to make decisions on permit issuance, 97
reissuance, denial, modification or revocation of air pollution 98
control and water pollution control permits and permits required 99
under the Solid Wastes Disposal Law of 1974 (Title 17, Chapter 100
17), and all other permits within the jurisdiction of the Permit 101
Board. After consideration of alternative waste treatment 102
technologies available to control air and water pollution and 103
odor, including appropriate siting criteria, the commission may 104
promulgate regulations establishing conditions, limitations and 105
exemptions under which the Permit Board shall make these 106
decisions. Regulations promulgated by the commission which 107
establish exemptions as authorized under this section shall apply 108
to any applicable facility in operation on the effective date of 109
that regulation and to any applicable facility constructed or 110
operated after the effective date of that regulation. The Permit 111
Board may issue multiple permits for the same facility or 112
operation simultaneously or in the sequence that it deems 113
appropriate consistent with the commission's regulations. Except 114
as otherwise provided in this paragraph, the Permit Board, under 115
any conditions that the board may prescribe, may authorize the 116
Executive Director of the Department of Environmental Quality to 117
make decisions on permit issuance, reissuance, denial, 118
modification or revocation. The executive director shall not be 119
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authorized to make decisions on permit issuance, reissuance, 120
denial, modification or revocation for a commercial hazardous 121
waste management facility or a solid waste management permit for a 122
municipal solid waste landfill or incinerator. A decision by the 123
executive director shall be a decision of the Permit Board and 124
shall be subject to formal hearing and appeal as provided in this 125
section. The executive director shall report all permit decisions 126
to the Permit Board at its next regularly scheduled meeting and 127
those decisions shall be recorded in the minutes of the Permit 128
Board. The decisions of the Permit Board shall be recorded in 129
minutes of the Permit Board and shall be kept separate and apart 130
from the minutes of the commission. The decision of the Permit 131
Board or the executive director to issue, reissue, deny, modify or 132
revoke permits shall not be construed to be an order or other 133
action of the commission. 134
(b) The Executive Director of the Department of 135
Environmental Quality shall also be the Executive Director of the 136
Permit Board and shall have available to him, as Executive 137
Director of the Permit Board, all resources and personnel 138
otherwise available to him as executive director of the 139
department. 140
(c) All persons required to obtain an air pollution 141
control or water pollution control permit, a permit under the 142
Solid Wastes Disposal Law of 1974 (Title 17, Chapter 17) or any 143
other permit within the jurisdiction of the Permit Board shall 144
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make application for that permit with the Permit Board. The 145
Permit Board, under any regulations as the commission may 146
prescribe, may require the submission of those plans, 147
specifications and other information as it deems necessary to 148
carry out Sections 49-17-1 through 49-17-43 and Title 17, Chapter 149
17, or to carry out the commission's regulations adopted under 150
those sections. The Permit Board, based upon any information as 151
it deems relevant, shall issue, reissue, deny, modify or revoke 152
air pollution control or water pollution control permit or permits 153
required under the Solid Wastes Disposal Law of 1974 (Title 17, 154
Chapter 17) or any other permit within the jurisdiction of the 155
Permit Board under any conditions as it deems necessary that are 156
consistent with the commission's regulations. The Permit Board's 157
action of issuance, reissuance, denial, modification or revocation 158
of a permit as recorded in its minutes shall constitute a complete 159
decision of the board. All permits issued by the Permit Board 160
shall remain in full force and effect until the board makes a 161
final determination regarding any reissuance, modification, or 162
revocation thereof. The Permit Board shall take action upon an 163
application within one hundred eighty (180) days following its 164
receipt in the board's principal office. No action which affects 165
revocation of an existing permit shall take effect until the 166
thirty (30) days mentioned in * * * subsection (4)(b) of this 167
section has expired or until a formal hearing as prescribed in 168
that paragraph is held, whichever is later. 169
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(d) The Permit Board may adopt rules of practice and 170
procedure governing its proceedings that are consistent with the 171
commission's regulations. All hearings in connection with permits 172
issued, reissued, denied, modified or revoked and all appeals from 173
decisions of the Permit Board shall be as provided in this 174
section. 175
(e) Upon any conditions that are consistent with the 176
commission's regulations and subject to those procedures for 177
public notice and hearings as provided by law, not inconsistent 178
with federal law and regulations, the Permit Board may issue 179
general permits and, where appropriate, may consolidate multiple 180
permits for the same facility or operation into a single permit. 181
(f) The Permit Board shall not issue any permit for a 182
new swine concentrated animal feeding operation or the expansion 183
of an existing swine concentrated animal feeding operation before 184
January 1, 2000, unless the department received the application 185
for that operation's new or modified permit before February 28, 186
1998, or except as provided in this paragraph (f). In issuing or 187
modifying any permit for which the department received an 188
application before February 28, 1998, the Permit Board shall apply 189
those siting criteria adopted or used by the commission before 190
February 28, 1998, unless federal law or regulations require more 191
stringent criteria. The moratorium established in this paragraph 192
shall not apply to the issuance of any permit for a new swine 193
concentrated animal feeding operation or the expansion of an 194
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existing swine concentrated animal feeding operation that uses an 195
animal waste management system which the applicant demonstrates to 196
the Permit Board is innovative in significantly reducing the 197
effects of the operation on the public health, welfare or the 198
environment and which is approved by the Permit Board. The Permit 199
Board shall not issue or modify more than five (5) permits under 200
this innovative animal waste management system technology 201
exemption to the moratorium. 202
(g) Each applicant for a permit for a new outlet for 203
the discharge of wastes into the waters of the state who is 204
required to obtain a certificate of public convenience and 205
necessity from the Public Service Commission for such wastewater 206
system shall submit financial and managerial information as 207
required by the Public Utilities Staff. Following review of that 208
information, the Executive Director of the Public Utilities Staff 209
shall certify in writing to the executive director of the 210
department, the financial and managerial viability of the system 211
if the Executive Director of the Public Utilities Staff determines 212
the system is viable. The Permit Board shall not issue the permit 213
until the certification is received. 214
(4) (a) Except as required by this section, before the 215
issuance, reissuance, denial, modification or revocation of any 216
air pollution control or water pollution control permit, permit 217
required under the Solid Wastes Disposal Law of 1974 (Title 17, 218
Chapter 17) or any other permit within its jurisdiction, the 219
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Permit Board, in its discretion, may hold a public hearing or 220
meeting to obtain comments from the public on its proposed action. 221
Before the issuance, reissuance, denial, modification pertaining 222
to the expansion of a facility, transfer or revocation of a permit 223
for a commercial hazardous waste management facility or a solid 224
waste management permit for a commercial municipal solid waste 225
landfill or incinerator, the Permit Board shall conduct a public 226
hearing or meeting to obtain comments from the public on the 227
proposed action. That hearing or meeting shall be informal in 228
nature and conducted under those procedures as the Permit Board 229
may deem appropriate consistent with the commission's regulations. 230
(b) Within thirty (30) days after the date the Permit 231
Board takes action upon permit issuance, reissuance, denial, 232
modification or revocation, as recorded in the minutes of the 233
Permit Board, any interested party aggrieved by that action may 234
file a written request for a formal hearing before the Permit 235
Board. An interested party is any person claiming an interest 236
relating to the property or project which is the subject of the 237
permit action, and who is so situated that the person may be 238
affected by the disposition of that action. 239
The Permit Board shall fix the time and place of the formal 240
hearing and shall notify the permittee of that time and place. 241
In conducting the formal hearing, the Permit Board shall have 242
the same full powers as to subpoenaing witnesses, administering 243
oaths, examining witnesses under oath and conducting the hearing, 244
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as is now vested by law in the Mississippi Public Service 245
Commission, as to the hearings before it, with the additional 246
power that the Executive Director of the Permit Board may issue 247
all subpoenas at the instance of the Permit Board or at the 248
instance of any interested party. Any subpoenas shall be served 249
by any lawful officer in any county to whom the subpoena is 250
directed and return made thereon as provided by law, with the cost 251
of service being paid by the party on whose behalf the subpoena 252
was issued. Witnesses summoned to appear at the hearing shall be 253
entitled to the same per diem and mileage as witnesses attending 254
the circuit court and shall be paid by the person on whose behalf 255
the witness was called. Sufficient sureties for the cost of 256
service of the subpoena and witness fees shall be filed with the 257
Executive Director of the Permit Board at the time that issuance 258
of the subpoena is requested. At a hearing, any interested party 259
may present witnesses and submit evidence and cross-examine 260
witnesses. 261
The Permit Board may designate a hearing officer to conduct 262
the formal hearing on all or any part of the issues on behalf of 263
the Permit Board. The hearing officer shall prepare the record of 264
the formal hearing conducted by that officer for the Permit Board 265
and shall submit the record to the Permit Board. 266
Upon conclusion of the formal hearing, the Permit Board shall 267
enter in its minutes the board's decision affirming, modifying or 268
reversing its prior decision to issue, reissue, deny, modify or 269
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revoke a permit. The Permit Board shall prepare and record in its 270
minutes findings of fact and conclusions of law supporting its 271
decision. That decision, as recorded in its minutes with its 272
findings of fact and conclusions of law, shall be final unless an 273
appeal, as provided in this section, is taken to chancery court 274
within twenty (20) days following the date the decision is entered 275
in the board's minutes. 276
(c) Within twenty (20) days after the date the Permit 277
Board takes action upon permit issuance, reissuance, denial, 278
modification or revocation after a formal hearing under this 279
subsection as recorded in the minutes of the Permit Board, any 280
person aggrieved of that action may appeal the action as provided 281
in subsection (5) of this section. 282
(5) (a) Appeals from any decision or action of the Permit 283
Board shall be only to chancery court as provided in this 284
subsection. 285
(b) Any person who is aggrieved by any decision of the 286
Permit Board issuing, reissuing, denying, revoking or modifying a 287
permit after a formal hearing may appeal that decision within the 288
period specified in subsection (4)(c) of this section to the 289
chancery court of the county of the situs in whole or in part of 290
the subject matter. The appellant shall give a cost bond with 291
sufficient sureties, payable to the state in the sum of not less 292
than One Hundred Dollars ($100.00) nor more than Five Hundred 293
Dollars ($500.00), to be fixed by the Permit Board and to be filed 294
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with and approved by the Executive Director of the Permit Board, 295
who shall forthwith certify the filing of the bond together with a 296
certified copy of the record of the Permit Board in the matter to 297
the chancery court to which the appeal is taken, which shall 298
thereupon become the record of the cause. An appeal to the 299
chancery court as provided in this section shall not stay the 300
decision of the Permit Board. The aggrieved party may, within 301
twenty (20) days following the date the board's decision after a 302
formal hearing is entered on the board's minutes, petition the 303
chancery court for an appeal with supersedeas and the chancellor 304
shall grant a hearing on that petition. Upon good cause shown, 305
the chancellor may grant that appeal with supersedeas. If 306
granted, the appellant shall be required to post a bond with 307
sufficient sureties according to law in an amount to be determined 308
by the chancellor. Appeals shall be considered only upon the 309
record as made before the Permit Board. The chancery court shall 310
always be deemed open for hearing of an appeal and the chancellor 311
may hear the same in termtime or in vacation at any place in the 312
chancellor's district, and the appeal shall have precedence over 313
all civil cases, except election contests. The chancery court 314
shall review all questions of law and of fact. If no prejudicial 315
error is found, the matter shall be affirmed. If prejudicial 316
error is found the decision of the board shall be reversed and the 317
chancery court shall remand the matter to the Permit Board for 318
appropriate action as may be indicated or necessary under the 319
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circumstances. Appeals may be taken from the chancery court to 320
the Supreme Court in the manner as now required by law, except 321
that if a supersedeas is desired by the party appealing to the 322
chancery court, that party may apply for a supersedeas to the 323
chancellor of that court, who shall award a writ of supersedeas, 324
without additional bond, if in the chancellor's judgment material 325
damage is not likely to result thereby; but otherwise, the 326
chancellor shall require a supersedeas bond as the chancellor 327
deems proper, which shall be liable to the state for any damage. 328
SECTION 3. Section 49-17-34, Mississippi Code of 1972, is 329
amended as follows: 330
49-17-34. (1) Within fifteen (15) days after receipt by the 331
Department of Environmental Quality an application for any initial 332
or modified air or water permit required under the Mississippi Air 333
and Water Pollution Control Law that is submitted after April 16, 334
1993, the Department of Environmental Quality shall acknowledge in 335
writing receipt of such application. Except for good cause shown, 336
within forty-five (45) days after receipt of a permit application, 337
the Department of Environmental Quality shall notify the applicant 338
that the application is complete or of the major components 339
required to complete the application. 340
(2) All rules, regulations and standards relating to air 341
quality, water quality or air emissions or water discharge 342
standards promulgated by the commission after April 16, 1993, 343
shall be consistent with and shall not exceed the requirements of 344
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federal statutes and federal regulations, standards, criteria and 345
guidance relating to air quality, water quality or air emission or 346
water discharge standards that have been duly promulgated pursuant 347
to the federal Administrative Procedures Act, including, but not 348
limited to, the identity and scope of air pollutants included as 349
air toxics or air quality or emission standards, the identity and 350
scope of water pollutants included as water quality or discharge 351
standards and the numerical and narrative limitations of such 352
standards. 353
(3) If there are no federal statutes or federal regulations, 354
standards, criteria or guidance that have been duly promulgated 355
pursuant to the federal Administrative Procedures Act addressing 356
matters relating to air quality or water quality, or air emission 357
or water discharge standards, the commission may promulgate 358
regulations to address these matters in accordance with the 359
Mississippi Administrative Procedures Act, when the commission 360
determines that such regulations are necessary to protect human 361
health, welfare or the environment. 362
(4) For any initial or modified air or water permit issued 363
from and after January 1, 1994, except with the written consent of 364
the permit applicant, no provision or condition imposing any duty, 365
responsibility or liability on the permittee shall be included in 366
such permit, the direct basis for which has not been first 367
promulgated as a regulation by the commission in accordance with 368
the requirements of the Mississippi Administrative Procedures Act. 369
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"Direct basis" shall mean that such permit provisions or 370
conditions shall not exceed the scope, coverage and effect of the 371
regulation upon which it is based including, but not limited to, 372
frequency or time limit of action, technology, identity and scope 373
of pollutants regulated, numerical or narrative standards or 374
limitations. 375
SECTION 4. Section 49-27-9, Mississippi Code of 1972, is 376
brought forward as follows: 377
49-27-9. (1) No regulated activity shall affect any coastal 378
wetlands without a permit unless excluded in Section 49-27-7. Any 379
person proposing to conduct or cause to be conducted a regulated 380
activity shall file an application for a permit with the 381
commission in such form and with such information as the 382
commission may prescribe. An application fee in an amount of Fifty 383
Dollars ($50.00) for residential type regulated activity and Five 384
Hundred Dollars ($500.00) for commercial and industrial type 385
related activity shall accompany each application and shall be 386
payable to the commission. No permit shall be required for a 387
regulated activity as defined in Section 49-27-5(c)(v) if such 388
activity is an activity by a water dependent industry, nor shall a 389
permit be required pursuant to Section 49-27-5(c)(v) of any 390
individual who seeks to construct a home, fishing camp or similar 391
structure on his own property. 392
(2) If the commission determines that the activity, area or 393
entity is exempt or requires no permit, and that the activity, 394
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area or entity complies with the notification requirement and the 395
coastal wetland policy as required under Section 49-27-7, the 396
commission may reduce the application fee by fifty percent (50%). 397
SECTION 5. Section 49-27-11, Mississippi Code of 1972, is 398
amended as follows: 399
49-27-11. (1) A complete application shall include the 400
following: 401
(a) The name and address of the applicant; 402
(b) The names and addresses of the present owners of 403
record of adjacent land, as determined by current tax assessment 404
rolls and of known claimants of riparian or water rights in or 405
immediately adjacent to the coastal wetland, or a certification 406
that after diligent search and inquiry the names and addresses 407
could not be found; 408
(c) A detailed description of the proposed activity and 409
a map, drawn to an appropriate and uniform scale showing by 410
section, township and range, or by latitudinal and longitudinal 411
coordinator, the location and area of the coastal wetlands to be 412
affected, indicating the location and area of existing and 413
proposed fill, excavation or other regulated activities; showing 414
the location, width, depth and length of any proposed channel and 415
dredge spoil disposal site; showing all existing and proposed 416
structures, sewage collection and treatment facilities, utility 417
installations, roadways and related appurtenances or facilities, 418
including those on adjacent uplands; describing the type of 419
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equipment to be used and the means of equipment access to the 420
activity site; 421
(d) An estimate of the cost of the activity; 422
(e) The primary and secondary purposes of the project, 423
including contemplated future projects; 424
(f) A description of any public benefit to be derived 425
from the proposed project dependent upon the proposed activity; 426
(g) A complete description of measures to be taken to 427
reduce detrimental off-site effects to the coastal wetlands during 428
and after the proposed activity; 429
(h) The completion date of the proposed activity and of 430
the project dependent upon the activity; 431
(i) An appropriate written report or statement of the 432
environmental impact of the proposed regulated activity and of the 433
final project dependent on it upon the affected coastal wetlands 434
and the life dependent upon them, provided that an environmental 435
impact statement treating the same activity in the same area and 436
supplied to another federal or state agency for considering a 437
permit shall satisfy this requirement if submitted by the 438
applicant; and 439
(j) A certification that a permit from the Mississippi 440
Commission on Environmental Quality has been applied for or that 441
such permit is not required; that a permit from the United States 442
Corps of Engineers has been applied for or that such permit is not 443
required; that permits or other certificates of compliance with 444
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applicable municipal or county building codes and zoning 445
ordinances have been applied for or are not required. 446
(2) If the applicant alters or amends the information 447
provided in compliance with paragraph (c) of subsection (1) of 448
this section, the review periods provided for in Sections 49-27-15 449
and 49-27-37 shall begin on the date that the new information is 450
provided to the department. The date of receipt for a completed 451
application begins on the date of the last amendment made in 452
accordance * * * with paragraph (c) of subsection (1) of this 453
section. 454
(3) Any person filing an application to dredge an existing 455
channel for navigational purposes shall complete an application 456
for such activities in accordance with application procedures 457
required in this section. 458
SECTION 6. Section 49-27-23, Mississippi Code of 1972, is 459
brought forward as follows: 460
49-27-23. The commission may grant, issue, reissue, modify, 461
deny, suspend or revoke permits and may prescribe limitations and 462
conditions on permits. When taking such action on any permit, the 463
commission shall consider the effect of the proposed activity with 464
reference to the public policy expressed in Section 49-27-3 of 465
this chapter. A permittee under this chapter must obtain a permit 466
from the Mississippi Commission on Environmental Quality if 467
required by that commission under Sections 49-17-29 through 468
49-17-43, and nothing in this chapter is intended to waive the 469
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requirements and standards of such commission. A Mississippi 470
Commission on Environmental Quality permit granted to an applicant 471
under this chapter shall be proof of the applicant's meeting any 472
water quality standard considered by the commission under this 473
chapter. Any conflict under this chapter between the commission 474
and the Commission on Environmental Quality shall be resolved in 475
favor of the Commission on Environmental Quality. The commission 476
may undertake studies regarding water quality and submit the 477
results of such studies to the Commission on Environmental 478
Quality. 479
SECTION 7. Section 49-27-37, Mississippi Code of 1972, is 480
brought forward as follows: 481
49-27-37. (1) The commission shall send a copy of any order 482
in issuance, denial, revocation or suspension of a permit to the 483
parties stated in Section 49-27-17, and such orders must be sent 484
within ninety (90) days from the receipt of a complete 485
application, or within ninety (90) days from an amendment to the 486
application as provided by Section 49-27-11(2), in the case of 487
granting or denying or thirty (30) days from the date of the 488
hearing in the case of suspension or revocation, unless an 489
extension is requested as provided in subsection (2) and approved 490
by the commission. 491
(2) An applicant may request, in writing, additional 492
extensions up to ninety (90) days for the processing of an 493
application. 494
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SECTION 8. Section 51-3-5, Mississippi Code of 1972, is 495
brought forward as follows: 496
51-3-5. (1) No person who is not specifically exempted by 497
this chapter shall use water without having first obtained a 498
permit as provided herein and without having otherwise complied 499
with the provisions of this chapter, the regulations promulgated 500
hereunder and any applicable permit conditions. 501
(2) All persons having acquired a right to use surface water 502
prior to April 1, 1985, are entitled to continue such use, 503
provided that such right shall be contingent upon filing a notice 504
of claim to such use with the commission on a form promulgated by 505
the commission. Any person who shall fail to file said notice 506
within three (3) years of April 1, 1985, shall be deemed to have 507
abandoned such use and the right to such use shall automatically 508
terminate without further action of the board. 509
(3) Any person using groundwater prior to April 1, 1985, for 510
a beneficial use shall be entitled to continue such use upon the 511
filing with the commission of a notice of claim on a form 512
promulgated by the commission within three (3) years from April 1, 513
1985. Any such person failing to file said notice of claim within 514
the prescribed period shall be deemed to have abandoned such use 515
and the right to such use shall automatically terminate without 516
further action by the board. 517
(4) Notwithstanding rights as envisioned in subsections (2) 518
and (3) of this section, all users of water shall continue to be 519
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subject to regulations promulgated by the commission regarding the 520
use of surface water and groundwater for the benefit of the health 521
and public welfare of citizens of this state. 522
(5) As soon as practicable after April 1, 1985, the board 523
shall give notice to all persons affected by the provisions of 524
subsections (2) and (3) of this section regarding the requirement 525
to file the notices of claims mentioned therein. If the names and 526
mailing addresses of such affected persons are available to the 527
board, actual written notice, by certified mail, shall be given by 528
the board. If such names and mailing addresses are not available 529
to the board, notice shall be given by publication at least one 530
time per week for not less than three (3) consecutive weeks in one 531
or more newspapers of general circulation in each county of the 532
state. 533
SECTION 9. Section 53-7-39, Mississippi Code of 1972, is 534
brought forward as follows: 535
53-7-39. (1) The department shall conduct an initial review 536
of a completed permit application within thirty (30) days 537
following receipt of the completed application. The department 538
shall make a recommendation to the Permit Board on the permit 539
application no later than the next regularly scheduled Permit 540
Board meeting following the thirty-day initial review period, 541
unless a public hearing is held on the application or the 542
applicant agrees in writing to an additional time frame. If a 543
public hearing is held, the department shall make its 544
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ST: Department of Environmental Quality;
require to approve or deny permits within a
prescribed time frame.
recommendation at the next regularly scheduled Permit Board 545
meeting following the public hearing, if practicable. 546
(2) An on-site inspection of the proposed affected area 547
shall be made by the department within the thirty-day time period 548
specified in subsection (1) of this section, and before a permit 549
is issued. 550
SECTION 10. This act shall take effect and be in force from 551
and after July 1, 2026. 552