Hazardous waste disposal; revise certain provisions regarding.

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To: Public Health and Human
Services
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Cockerham

HOUSE BILL NO. 1621

AN ACT TO AMEND SECTION 17-17-27, MISSISSIPPI CODE OF 1972, 1
TO REMOVE THE PROVISION THAT PROHIBITS DISPOSAL OF HAZARDOUS WASTE 2
BY THE USE OF UNDERGROUND INJECTION METHODS; TO AMEND SECTION 3
17-17-151, MISSISSIPPI CODE OF 1972, TO REMOVE THE REQUIREMENT 4
THAT THE PERMIT BOARD CONSIDER THE EXTENT TO WHICH PROPOSED 5
COMMERCIAL HAZARDOUS WASTE MANAGEMENT FACILITIES CONFORM WITH THE 6
MISSISSIPPI CAPACITY ASSURANCE PLAN AND ANY INTERSTATE OR REGIONAL 7
AGREEMENTS; TO AMEND SECTION 17-17-153, MISSISSIPPI CODE OF 1972, 8
TO REMOVE LEGISLATIVE FINDINGS OF COMPLIANCE WITH FEDERAL LAW; TO 9
AMEND SECTION 17-17-3, MISSISSIPPI CODE OF 1972, TO CONFORM; AND 10
FOR RELATED PURPOSES. 11
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 12
SECTION 1. Section 17-17-27, Mississippi Code of 1972, is 13
amended as follows: 14
17-17-27. (1) The department shall exercise such 15
supervision over restrictions, equipment, methodology and 16
personnel in the management of solid wastes as may be necessary to 17
enforce sanitary requirements; and the commission shall adopt such 18
rules and regulations as may be needed to specify methodology and 19
procedures to meet the requirements of this chapter, which shall 20
include at a minimum: 21
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(a) Criteria for the determination of whether any waste 22
or combination of wastes is hazardous for the purposes of this 23
chapter; 24
(b) Rules and regulations for the storage, treatment 25
and disposal of solid wastes; 26
(c) Rules and regulations for the transportation, 27
containerization and labeling of hazardous wastes, which rules 28
shall be consistent with those issued by the United States 29
Department of Transportation; 30
(d) Rules and regulations specifying the terms and 31
conditions under which the Permit Board shall issue, modify, 32
suspend, revoke or deny such permits as may be required by this 33
chapter. Such rules and regulations shall include, and not by way 34
of limitation, specific authority for the Permit Board to consider 35
the financial capability and performance history of an applicant; 36
(e) Rules and regulations establishing standards and 37
procedures for the safe storage or transportation of hazardous 38
waste and for the safe operation and maintenance of hazardous 39
waste treatment or disposal facilities or sites or equipment; 40
(f) A listing of those wastes or combinations of wastes 41
which are not compatible, and which may not be stored or disposed 42
of together; 43
(g) Procedures and requirements for the use of a 44
manifest during the transport of hazardous wastes; 45
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(h) Standards for financial responsibility to cover the 46
liability, closure and post-closure of any site and perpetual care 47
of a commercial hazardous waste landfill. Rules and regulations 48
promulgated hereunder may include, and not by way of limitation, 49
requirements for maintaining liability insurance coverage if such 50
coverage is not required under rules and regulations promulgated 51
by the United States Environmental Protection Agency; 52
(i) Rules and regulations establishing minimum 53
distances within which any hazardous waste disposal facility may 54
be located from any municipality, school, residence, church or 55
health care facility; 56
(j) Other rules and regulations as the commission deems 57
necessary to manage hazardous wastes in the state, provided that 58
such rules and regulations shall be equivalent to the United 59
States Environmental Protection Agency's rules and regulations. 60
(2) In complying with this section the commission shall 61
consider the variations within this state in climate, geology, 62
population density and such other factors as may be relevant to 63
the management of hazardous wastes. It is the intent of the 64
Legislature that commercial hazardous waste landfills be located 65
on those sites which, by virtue of their geologic conditions, 66
provide a high degree of environmental protection. In carrying 67
out the intent of this provision, the commission is authorized to 68
adopt siting criteria for commercial hazardous waste landfills 69
which are more stringent or extensive in scope, coverage and 70
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effect than the rules and regulations promulgated by the United 71
States Environmental Protection Agency. 72
(3) * * * A commercial hazardous waste landfill shall not be 73
located on the same site or within one thousand (1,000) feet of an 74
existing or abandoned ordinary waste disposal site, unless the 75
hazardous waste to be disposed of in said commercial landfill is 76
specifically approved as exempted. 77
(4) After promulgation of the regulations required under 78
this section, no person shall construct, substantially alter or 79
operate any solid waste treatment or disposal facility or site, 80
nor shall any person store, treat or dispose of any hazardous 81
waste without first obtaining a permit from the Permit Board for 82
such facility, site or activity. However, no person shall 83
construct any new hazardous waste treatment or disposal facility 84
or site or substantially alter any such existing facility or site, 85
nor shall the Permit Board issue a permit for any such 86
construction or alteration, until the commission has promulgated 87
rules and regulations under the provisions of subsection (1)(j) of 88
this section. Said rules and regulations shall be equivalent to 89
counterpart rules and regulations of the Environmental Protection 90
Agency whether now in effect or hereinafter promulgated. Any 91
person who has made an application for a permit for an existing 92
facility under this section shall be treated as having been issued 93
such permit until such time as final administrative disposition of 94
such application has been made unless the cause of such delay is 95
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the result of the failure of the applicant to furnish information 96
reasonably required or requested in order to process the 97
application. 98
(5) Any permit issued under this section may be revoked by 99
the issuing agency at any time when the permittee fails to comply 100
with the terms and conditions of the permit. Where the obtaining 101
of or compliance with any permit required under this section 102
would, in the judgment of the department, cause undue or 103
unreasonable hardship to any person, the department may issue a 104
variance from these requirements. In no case shall the duration 105
of any such variance exceed one (1) year. Renewals or extensions 106
may be given only after an opportunity has been given for public 107
comment on each such renewal or extension. 108
(6) Information obtained by the commission concerning 109
environmental protection including, but not limited to, 110
information contained in applications for solid or hazardous waste 111
disposal permits shall be public information and shall be made 112
available upon proper request. Other information obtained by the 113
commission, department, or Permit Board in the administration of 114
Sections 17-17-1 through 17-17-47 concerning trade secrets, 115
including, but not limited to, marketing or financial information, 116
treatment, transportation, storage or disposal processes or 117
devices, methods of manufacture, or production capabilities or 118
amounts shall be kept confidential if and only if: (a) a written 119
confidentiality claim is made when the information is supplied; 120
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(b) such confidentiality claim allows disclosure to authorized 121
department employees and/or the United States Environmental 122
Protection Agency (EPA); and (c) such confidentiality claim is 123
determined by the commission to be valid. If the confidentiality 124
claim is denied, the information sought to be covered thereby 125
shall not be released or disclosed, except to the Environmental 126
Protection Agency, until the claimant has been notified in writing 127
and afforded an opportunity for a hearing and appeal therefrom, as 128
with other orders of the commission. Disclosure of confidential 129
information by the EPA shall be governed by federal law and EPA 130
regulations. Misappropriation of a trade secret shall be governed 131
by the Mississippi Uniform Trade Secrets Act, Sections 75-26-1 132
through 75-26-19. 133
(7) Anyone making unauthorized disclosure of information 134
determined to be confidential as herein provided shall be liable 135
in a civil action for damages arising therefrom and shall also be 136
guilty of a misdemeanor punishable as provided by law. 137
(8) Notwithstanding any other provision of this chapter, the 138
executive director, upon receipt of information that the 139
generation, storage, transportation, treatment or disposal of any 140
solid waste may present an imminent and substantial hazard to the 141
public health or to the environment, may take any legal, equitable 142
or other action, including injunctive relief, necessary to protect 143
the health of such persons or the environment. 144
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SECTION 2. Section 17-17-151, Mississippi Code of 1972, is 145
amended as follows: 146
17-17-151. (1) Each application for the issuance of a 147
permit to operate a commercial hazardous waste management facility 148
shall be accompanied by a demonstration of need for that facility 149
in the anticipated service area, which shall be of the form and 150
content as the Permit Board may prescribe. Applications for the 151
reissuance, transfer or modification of previously issued permits, 152
except modifications seeking an increase in the volume of 153
hazardous waste to be managed on an annual basis, shall not be 154
subject to the requirements of this section. 155
(2) The demonstration of need shall be specific as to the 156
types of hazardous waste to be managed and shall include, but not 157
be limited to: 158
(a) Documentation of the available capacity at existing 159
commercial hazardous waste management facilities in the area to be 160
served by the facility; 161
(b) Documentation of the current volume of hazardous 162
waste generated in the area to be served by the facility and the 163
volume of hazardous waste reasonably expected to be generated in 164
the area to be served over the next twenty (20) years; and 165
(c) A description of any additional factors, such as 166
physical limitations on the transportation of the hazardous waste 167
or the existence of additional capacity outside the area to be 168
served which may satisfy the projected need. 169
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(3) The Permit Board shall consider the following factors in 170
evaluating the need for the proposed facility: 171
(a) * * * An approximate service area for the proposed 172
facility which takes into account the economics of hazardous waste 173
collection, transportation, treatment, storage and disposal; 174
( * * *b) The quantity of hazardous waste generated 175
within the anticipated service area suitable for treatment, 176
storage or disposal at the proposed facility; 177
( * * *c) The design capacity of existing commercial 178
hazardous waste management facilities located within the 179
anticipated service area of the proposed facility; and 180
( * * *d) The extent to which the proposed facility is 181
needed to replace other facilities, if the need for a proposed 182
commercial hazardous waste management facility cannot be 183
established under paragraphs (a) through ( * * *c). 184
(4) Based on the needs of the State of Mississippi, it is 185
the intent of the Legislature that there shall not be a 186
proliferation of unnecessary facilities in any one (1) county of 187
the state. 188
(5) If the Permit Board determines that a proposed 189
commercial hazardous waste management facility is inconsistent 190
with or contradictory to the factors set forth in subsection (3), 191
the Permit Board is hereby empowered to deny any permit for such 192
facility. 193
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(6) The commission shall develop and adopt criteria and 194
standards to be considered in location and permitting of 195
commercial hazardous waste management facilities. The standards 196
and criteria shall be developed through public participation, 197
shall be enforced by the Permit Board and shall include, in 198
addition to all applicable state and federal rules and 199
regulations, consideration of: 200
(a) Hydrological and geological factors such as flood 201
plains, depth to water table, soil composition and permeability, 202
cavernous bedrock, seismic activity, and slope; 203
(b) Natural resource factors such as wetlands, 204
endangered species habitats, proximity to parks, forests, 205
wilderness areas and historical sites, and air quality; 206
(c) Land use factors such as local land use, whether 207
residential, industrial, commercial, recreational or agricultural, 208
proximity to public water supplies, and proximity to incompatible 209
structures such as schools, churches and airports; 210
(d) Transportation factors, such as proximity to waste 211
generators and to population, route safety and method of 212
transportation; and 213
(e) Aesthetic factors such as the visibility, 214
appearance and noise level of the facility. 215
SECTION 3. Section 17-17-153, Mississippi Code of 1972, is 216
amended as follows: 217
17-17-153. (1) The Legislature finds that: 218
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(a) The beauty and quality of Mississippi's environment 219
and the public health, safety and welfare of the citizens of the 220
State of Mississippi must be protected from unsound waste 221
management practices which might result from lack of access to 222
proper hazardous waste management facilities. 223
(b) Inefficient and improper methods of managing waste 224
create hazards to public health, cause pollution of the lands, air 225
and water resources, and constitute a waste of natural resources. 226
(c) It is the policy of the State of Mississippi that 227
the generation of waste should be reduced or eliminated at the 228
source, whenever feasible; waste that is generated should be 229
recycled or reused, whenever feasible; waste that cannot be 230
reduced, recycled or reused should be treated in an 231
environmentally safe manner; and disposal should be employed only 232
as a last resort and should be conducted in an environmentally 233
safe manner. 234
* * * 235
(2) It is the intent of the Legislature that proper 236
facilities must be sited as needed for the management of hazardous 237
waste to meet the needs of Mississippi generators, and allow 238
maximum effective use of regional hazardous waste management 239
facilities; however, the Legislature believes that these 240
objectives should be accomplished without Mississippi becoming a 241
magnet for the hazardous waste from all other states and without 242
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the proliferation of unnecessary and unsafe facilities in this 243
state. 244
SECTION 4. Section 17-17-3, Mississippi Code of 1972, is 245
amended as follows: 246
17-17-3. For purposes of this chapter, the following words 247
shall have the following definitions unless the context indicates 248
otherwise: 249
(a) "Advanced plastic recycling" means a manufacturing 250
process for the conversion of post-use polymers and recovered 251
feedstocks into basic hydrocarbon raw materials, feedstocks, 252
chemicals, and other products including, but not limited to, 253
monomers, oligomers, plastics, plastic and chemical feedstocks, 254
basic and unfinished chemicals, naphtha, waxes, lubricants, 255
coatings, and other basic hydrocarbons. For the purpose of 256
advanced recycling: 257
(i) "Depolymerization" means a manufacturing 258
process where post-use polymers are broken into smaller molecules 259
such as monomers and oligomers or raw, intermediate, or final 260
products, plastic and chemical feedstocks, basic and unfinished 261
chemicals, naphtha, waxes, lubricants, coatings, and other basic 262
hydrocarbons. 263
(ii) "Gasification" means a manufacturing process 264
through which recovered feedstocks and post-use polymers are 265
heated and converted into a fuel and gas mixture in an 266
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oxygen-deficient atmosphere and the mixture is converted into 267
valuable raw materials and intermediate and final products, 268
including plastic monomers, chemicals, waxes, lubricants, chemical 269
feedstocks, that are returned to economic utility in the form of 270
raw materials, products, or other basic hydrocarbons. 271
(iii) "Pyrolysis" means a manufacturing process 272
through which post-use polymers are heated in the absence of 273
oxygen until melted and thermally decomposed and are then cooled, 274
condensed, and converted into valuable raw materials and 275
intermediate and final products, including plastic monomers, 276
chemicals, waxes, lubricants, plastic and chemical feedstocks, 277
that are returned to economic utility in the form of raw 278
materials, products, or other basic hydrocarbons. 279
(iv) "Solvolysis" means a manufacturing process 280
through which post-use polymers are reacted with the aid of 281
solvents while heated at low temperatures and/or pressurized to 282
make useful products, while allowing additives and contaminants to 283
be separated. The products of solvolysis include monomers, 284
intermediates, and valuable raw materials. The process includes 285
hydrolysis, aminolysis, ammonoloysis, methanolysis, ethanolysis, 286
and glycolysis. 287
(b) "Advanced plastic recycling facility" means a 288
manufacturing facility that receives, separates, stores and 289
converts post-use polymers and recovered feedstocks using advanced 290
recycling. An advanced plastic recycling facility is not a solid 291
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waste processing facility, solid waste management facility, 292
materials recovery facility, waste-to-energy facility, or 293
incinerator, but the facility is subject to department inspections 294
to ensure compliance. Solid waste generated by an advanced 295
plastic recycling facility is subject to all applicable laws and 296
regulations for manufacturers relating to storage and disposal of 297
solid waste. 298
(c) "Agency" means any controlling agency, public or 299
private, elected, appointed or volunteer, controlling and 300
supervising the collection and/or disposal of solid wastes. 301
(d) "Ashes" means the solid residue from burning of 302
wood, coal, coke or other combustible materials used for heating, 303
or from incineration of solid wastes, but excepting solid residue 304
the storage or disposition of which is controlled by other 305
agencies. 306
(e) "Commercial hazardous waste management facility" 307
means any facility engaged in the storage, treatment, recovery or 308
disposal of hazardous waste for a fee and which accepts hazardous 309
waste from more than one (1) generator. * * * 310
(f) "Commercial nonhazardous solid waste management 311
facility" means any facility engaged in the storage, treatment, 312
processing or disposal of nonhazardous solid waste for 313
compensation or which accepts nonhazardous solid waste from more 314
than one (1) generator not owned by the facility owner. 315
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(g) "Commercial oil field exploration and production 316
waste disposal" means storage, treatment, recovery, processing, 317
disposal or acceptance of oil field exploration and production 318
waste from more than one (1) generator or for a fee. 319
(h) "Commercial purpose" means for the purpose of 320
economic gain. 321
(i) "Commission" means the Mississippi Commission on 322
Environmental Quality. 323
(j) "Composting or compost plant" means an officially 324
controlled method or operation whereby putrescible solid wastes 325
are broken down through microbic action to a material offering no 326
hazard or nuisance factors to public health or well-being. 327
(k) "Department" means the Mississippi Department of 328
Environmental Quality. 329
(l) "Disposal" means the discharge, deposit, injection, 330
dumping, spilling, leaking or placing of any solid waste or 331
hazardous waste into or on any land or water so that such solid 332
waste or hazardous waste or any constituent thereof may enter the 333
environment or be emitted into the air or discharged into any 334
waters, including groundwaters. 335
(m) "Executive director" means the Executive Director 336
of the Mississippi Department of Environmental Quality. 337
(n) "Garbage" means putrescible animal and vegetable 338
wastes resulting from the handling, preparation, cooking and 339
consumption of food, including wastes from markets, storage 340
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facilities, handling and sale of produce and other food products, 341
and excepting such materials that may be serviced by garbage 342
grinders and handled as household sewage. 343
(o) "Hazardous wastes" means any waste or combination 344
of waste of a solid, liquid, contained gaseous, or semisolid form 345
which because of its quantity, concentration or physical, chemical 346
or infectious characteristics, may (i) cause, or significantly 347
contribute to an increase in mortality or an increase in serious 348
irreversible or incapacitating reversible illness; or (ii) pose a 349
substantial present or potential hazard to human health or the 350
environment when improperly treated, stored, transported, disposed 351
of, or otherwise managed which are listed by the Environmental 352
Protection Agency as hazardous wastes which exceed the threshold 353
limits set forth in the Environmental Protection Agency 354
regulations for classifying hazardous waste. Such wastes include, 355
but are not limited to, those wastes which are toxic, corrosive, 356
flammable, irritants, strong sensitizers, or which generate 357
pressure through decomposition, heat or other means. Such wastes 358
do not include those radioactive materials regulated pursuant to 359
the Mississippi Radiation Protection Law of 1976, appearing in 360
Section 45-14-1 et seq. 361
(p) "Hazardous waste management" means the systematic 362
control of the collection, source separation, storage, 363
transportation, processing, treatment, recovery and disposal of 364
hazardous waste. 365
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(q) "Head" means the head of the Office of Pollution 366
Control of the Mississippi Department of Environmental Quality or 367
his designee. 368
(r) "Health department" means the Mississippi State 369
Health Department and every county or district health department. 370
"Health officer" means the state or affected county health officer 371
or his designee. 372
(s) "Manifest" means the form used for identifying the 373
quantity, composition, origin, routing and destination of 374
hazardous waste during its transport. 375
(t) "Office" means the Office of Pollution Control of 376
the Mississippi Department of Environmental Quality. 377
(u) "Open dump" means any officially recognized place, 378
land or building which serves as a final depository for solid 379
wastes, whether or not burned or buried, which does not meet the 380
minimum requirements for a sanitary landfill, except approved 381
incinerators, compost plants and salvage yards. 382
(v) "Post-use polymer" means a plastic to which all of 383
the following apply: 384
(i) It is derived from any residential, 385
industrial, commercial, governmental, institutional, or 386
agricultural activities. 387
(ii) It is not mixed with solid waste or hazardous 388
waste onsite or during processing at a depolymerization, 389
gasification, pyrolysis, or solvolysis facility. 390
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(iii) Its use or intended use is as a feedstock 391
for the manufacturing of feedstocks, raw materials, or other 392
intermediate products or final products using depolymerization, 393
gasification, pyrolysis, solvolysis or other similar technologies. 394
(iv) It has been sorted from solid waste and other 395
regulated waste but may contain residual amounts of solid waste 396
such as organic material and incidental contaminants or impurities 397
such as paper labels and metal rings. 398
(v) It is processed at a depolymerization, 399
gasification, pyrolysis, or solvolysis facility or held at such 400
facility prior to processing. 401
(vi) Post-use polymers meeting the requirements of 402
this section are not solid waste. 403
(w) "Recovered feedstock" means a post-use polymer or a 404
material for which the United States Environmental Protection 405
Agency, or the department, has made a nonwaste determination 406
pursuant to 40 CFR 241.3(c), or has otherwise determined is 407
feedstock that has been sorted from other solid wastes so that it 408
may be used as feedstock in an advanced plastics recycling 409
facility or other recycling operations. Recovered feedstock does 410
not include unsorted municipal solid waste or material(s) that has 411
been mixed with solid waste or hazardous waste onsite or during 412
processing at an advanced plastics recycling facility or other 413
recycling operations. 414
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(x) "Permit board" means the permit board created by 415
Section 49-17-28. 416
(y) "Person" means any individual, trust, firm, 417
joint-stock company, public or private corporation (including a 418
government corporation), partnership, association, state, or any 419
agency or institution thereof, municipality, commission, political 420
subdivision of a state or any interstate body, and includes any 421
officer or governing or managing body of any municipality, 422
political subdivision, or the United States or any officer or 423
employee thereof. 424
(z) "Pollution Emergency Fund" means the fund created 425
under Section 49-17-68. 426
(aa) "Rubbish" means nonputrescible solid wastes 427
(excluding ashes) consisting of both combustible and 428
noncombustible wastes. Combustible rubbish includes paper, rags, 429
cartons, wood, furniture, rubber, plastics, yard trimmings, leaves 430
and similar materials. Noncombustible rubbish includes glass, 431
crockery, metal cans, metal furniture and like materials which 432
will not burn at ordinary incinerator temperatures (not less than 433
1600 degrees F.). 434
(bb) "Sanitary landfill" means a controlled area of 435
land upon which solid waste is deposited, and is compacted and 436
covered with no on-site burning of wastes, and so located, 437
contoured, drained and operated so that it will not cause an 438
adverse effect on public health or the environment. 439
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(cc) "Solid wastes" means any garbage, refuse, sludge 440
from a waste treatment plant, water supply treatment plant or air 441
pollution control facility and other discarded material, including 442
solid, liquid, semisolid or contained gaseous material resulting 443
from industrial, commercial, mining and agricultural operations, 444
and from community activities, but does not include solid or 445
dissolved material in domestic sewage, or solid or dissolved 446
materials in irrigation return flows or industrial discharges 447
which are point sources subject to permits under Section 402 of 448
the Federal Water Pollution Control Act, as amended (86 Stat. 449
880), or source, special nuclear or by-product material as defined 450
by the Atomic Energy Act of 1954. 451
(dd) "Storage" means the containment of wastes, either 452
on a temporary basis or for a period of years, except as provided 453
in 40 CFR 263.12, in such a manner as not to constitute disposal 454
of such wastes. 455
(ee) "Transport" means the movement of wastes from the 456
point of generation to any intermediate points, and finally to the 457
point of ultimate storage or disposal. 458
(ff) "Treatment" means any method, technique or 459
process, including neutralization, designed to change the 460
physical, chemical or biological character or composition of any 461
solid waste in order to neutralize such character or composition 462
of any solid waste, neutralize such waste or render such waste, 463
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ST: Hazardous waste disposal; revise certain
provisions regarding.
safer for transport, amenable for recovery, amenable for storage 464
or reduced in volume. 465
(gg) "Treatment facility" means a location at which 466
waste is subjected to treatment and may include a facility where 467
waste has been generated. 468
(hh) "Unauthorized dump" means any collection of solid 469
wastes either dumped or caused to be dumped or placed on any 470
property either public or private, whether or not regularly used. 471
An abandoned automobile, large appliance, or similar large item of 472
solid waste shall be considered as forming an unauthorized dump 473
within the meaning of this chapter, but not the careless, 474
scattered littering of smaller individual items as tires, bottles, 475
cans and the like. An unauthorized dump shall also mean any solid 476
waste disposal site which does not meet the regulatory provisions 477
of this chapter. 478
SECTION 5. This act shall take effect and be in force from 479
and after July 1, 2026. 480