Commercial hazardous waste management facilities; revise certain provisions relating to.

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To: Conservation and Water
Resources
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Ladner

HOUSE BILL NO. 1756

AN ACT TO AMEND SECTION 49-17-29, MISSISSIPPI CODE OF 1972, 1
TO ALLOW FOR HEARINGS REGARDING PERMITS FOR COMMERCIAL HAZARDOUS 2
WASTE MANAGEMENT FACILITIES AND SOLID WASTE MANAGEMENT PERMITS FOR 3
COMMERCIAL MUNICIPAL SOLID WASTE LANDFILLS OR INCINERATORS TO BE 4
HELD AT THE DISCRETION OF THE MISSISSIPPI ENVIRONMENTAL QUALITY 5
PERMIT BOARD; TO AMEND SECTION 49-35-11, MISSISSIPPI CODE OF 1972, 6
TO ALLOW THE MISSISSIPPI COMMISSION ON ENVIRONMENTAL QUALITY TO 7
AUTHORIZE THE EXECUTIVE DIRECTOR OF THE MISSISSIPPI DEPARTMENT OF 8
ENVIRONMENTAL QUALITY TO ISSUE ALL ORDERS REQUIRED UNDER THE 9
MISSISSIPPI BROWNFIELDS VOLUNTARY CLEANUP AND REDEVELOPMENT ACT; 10
TO AMEND SECTION 51-3-9, MISSISSIPPI CODE OF 1972, TO REDUCE THE 11
COSTS ASSOCIATED WITH NOTIFYING PERMIT HOLDERS OF PERMIT 12
EXPIRATION BY GIVING THE PERMIT BOARD DISCRETION OVER THE METHOD 13
OF WRITTEN NOTICE; TO AMEND SECTION 51-3-31, MISSISSIPPI CODE OF 14
1972, TO ELIMINATE THE PERMIT APPLICATION FEE; TO BRING FORWARD 15
SECTION 49-35-13, MISSISSIPPI CODE OF 1972, WHICH RELATES TO 16
MISSISSIPPI BROWNFIELDS VOLUNTARY CLEANUP AND REDEVELOPMENT, FOR 17
PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES. 18
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 19
SECTION 1. Section 49-17-29, Mississippi Code of 1972, is 20
amended as follows: 21
49-17-29. (1) (a) Except as in compliance with paragraph 22
(b) of this subsection, it is unlawful for any person to cause 23
pollution of the air in the state or to place or cause to be 24
placed any wastes or other products or substances in a location 25
where they are likely to cause pollution of the air. It is also 26
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unlawful to discharge any wastes, products or substances into the 27
air of the state which exceed standards of performance, hazardous 28
air pollutant standards, other emission standards set by the 29
commission, or which reduce the quality of the air below the air 30
quality standards or increments established by the commission or 31
prevent attainment or maintenance of those air quality standards. 32
Any such action is hereby declared to be a public nuisance. 33
(b) It is unlawful for any person to build, erect, 34
alter, replace, use or operate any equipment which will cause the 35
issuance of air contaminants unless that person holds a permit 36
from the Permit Board (except repairs or maintenance of equipment 37
for which a permit has been previously issued), or unless that 38
person is exempted from holding a permit by a regulation 39
promulgated by the commission. Concentrated animal feeding 40
operations may be a source or a category of sources exempted under 41
this paragraph. However, no new or existing applications relating 42
to swine concentrated animal feeding operations within a county 43
shall be exempted from regulations and ordinances which have been 44
duly passed by the county's board of supervisors and which are in 45
force on June 1, 1998. 46
(2) (a) Except as in compliance with paragraph (b) of this 47
subsection, it is unlawful for any person to cause pollution of 48
any waters of the state or to place or cause to be placed any 49
wastes in a location where they are likely to cause pollution of 50
any waters of the state. It is also unlawful to discharge any 51
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wastes into any waters of the state which reduce the quality of 52
those waters below the water quality standards established by the 53
commission; or to violate any applicable pretreatment standards or 54
limitations, technology-based effluent limitations, toxic 55
standards or any other limitations established by the commission. 56
Any such action is declared to be a public nuisance. 57
(b) It is unlawful for any person to carry on any of 58
the following activities, unless that person holds a current 59
permit for that activity from the Permit Board as may be required 60
for the disposal of all wastes which are or may be discharged into 61
the waters of the state, or unless that person is exempted from 62
holding a permit by a regulation promulgated by the commission: 63
(i) the construction, installation, modification or operation of 64
any disposal system or part thereof or any extension or addition 65
thereto, including, but not limited to, systems serving 66
agricultural operations; (ii) the increase in volume or strength 67
of any wastes in excess of the permissive discharges specified 68
under any existing permit; (iii) the construction, installation or 69
operation of any industrial, commercial or other establishment, 70
including irrigation projects or any extension or modification 71
thereof or addition thereto, the operation of which would cause an 72
increase in the discharge of wastes into the waters of the state 73
or would otherwise alter the physical, chemical or biological 74
properties of any waters of the state in any manner not already 75
lawfully authorized; (iv) the construction or use of any new 76
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outlet for the discharge of any wastes into the waters of the 77
state. However, no new or existing applications relating to swine 78
concentrated animal feeding operations within a county shall be 79
exempted from regulations and ordinances which have been duly 80
passed by the county's board of supervisors and which are in force 81
on June 1, 1998. 82
(3) (a) Except as otherwise provided in this section, the 83
Permit Board created by Section 49-17-28 shall be the exclusive 84
administrative body to make decisions on permit issuance, 85
reissuance, denial, modification or revocation of air pollution 86
control and water pollution control permits and permits required 87
under the Solid Wastes Disposal Law of 1974 (Title 17, Chapter 88
17), and all other permits within the jurisdiction of the Permit 89
Board. After consideration of alternative waste treatment 90
technologies available to control air and water pollution and 91
odor, including appropriate siting criteria, the commission may 92
promulgate regulations establishing conditions, limitations and 93
exemptions under which the Permit Board shall make these 94
decisions. Regulations promulgated by the commission which 95
establish exemptions as authorized under this section shall apply 96
to any applicable facility in operation on the effective date of 97
that regulation and to any applicable facility constructed or 98
operated after the effective date of that regulation. The Permit 99
Board may issue multiple permits for the same facility or 100
operation simultaneously or in the sequence that it deems 101
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appropriate consistent with the commission's regulations. Except 102
as otherwise provided in this paragraph, the Permit Board, under 103
any conditions that the board may prescribe, may authorize the 104
Executive Director of the Department of Environmental Quality to 105
make decisions on permit issuance, reissuance, denial, 106
modification or revocation. The executive director shall not be 107
authorized to make decisions on permit issuance, reissuance, 108
denial, modification or revocation for a commercial hazardous 109
waste management facility or a solid waste management permit for a 110
municipal solid waste landfill or incinerator. A decision by the 111
executive director shall be a decision of the Permit Board and 112
shall be subject to formal hearing and appeal as provided in this 113
section. The executive director shall report all permit decisions 114
to the Permit Board at its next regularly scheduled meeting and 115
those decisions shall be recorded in the minutes of the Permit 116
Board. The decisions of the Permit Board shall be recorded in 117
minutes of the Permit Board and shall be kept separate and apart 118
from the minutes of the commission. The decision of the Permit 119
Board or the executive director to issue, reissue, deny, modify or 120
revoke permits shall not be construed to be an order or other 121
action of the commission. 122
(b) The Executive Director of the Department of 123
Environmental Quality shall also be the Executive Director of the 124
Permit Board and shall have available to him, as Executive 125
Director of the Permit Board, all resources and personnel 126
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otherwise available to him as executive director of the 127
department. 128
(c) All persons required to obtain an air pollution 129
control or water pollution control permit, a permit under the 130
Solid Wastes Disposal Law of 1974 (Title 17, Chapter 17) or any 131
other permit within the jurisdiction of the Permit Board shall 132
make application for that permit with the Permit Board. The 133
Permit Board, under any regulations as the commission may 134
prescribe, may require the submission of those plans, 135
specifications and other information as it deems necessary to 136
carry out Sections 49-17-1 through 49-17-43 and Title 17, Chapter 137
17, or to carry out the commission's regulations adopted under 138
those sections. The Permit Board, based upon any information as 139
it deems relevant, shall issue, reissue, deny, modify or revoke 140
air pollution control or water pollution control permit or permits 141
required under the Solid Wastes Disposal Law of 1974 (Title 17, 142
Chapter 17) or any other permit within the jurisdiction of the 143
Permit Board under any conditions as it deems necessary that are 144
consistent with the commission's regulations. The Permit Board's 145
action of issuance, reissuance, denial, modification or revocation 146
of a permit as recorded in its minutes shall constitute a complete 147
decision of the board. All permits issued by the Permit Board 148
shall remain in full force and effect until the board makes a 149
final determination regarding any reissuance, modification, or 150
revocation thereof. The Permit Board shall take action upon an 151
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application within one hundred eighty (180) days following its 152
receipt in the board's principal office. No action which affects 153
revocation of an existing permit shall take effect until the 154
thirty (30) days mentioned in * * * subsection (4)(b) of this 155
section has expired or until a formal hearing as prescribed in 156
that paragraph is held, whichever is later. 157
(d) The Permit Board may adopt rules of practice and 158
procedure governing its proceedings that are consistent with the 159
commission's regulations. All hearings in connection with permits 160
issued, reissued, denied, modified or revoked and all appeals from 161
decisions of the Permit Board shall be as provided in this 162
section. 163
(e) Upon any conditions that are consistent with the 164
commission's regulations and subject to those procedures for 165
public notice and hearings as provided by law, not inconsistent 166
with federal law and regulations, the Permit Board may issue 167
general permits and, where appropriate, may consolidate multiple 168
permits for the same facility or operation into a single permit. 169
(f) The Permit Board shall not issue any permit for a 170
new swine concentrated animal feeding operation or the expansion 171
of an existing swine concentrated animal feeding operation before 172
January 1, 2000, unless the department received the application 173
for that operation's new or modified permit before February 28, 174
1998, or except as provided in this paragraph (f). In issuing or 175
modifying any permit for which the department received an 176
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application before February 28, 1998, the Permit Board shall apply 177
those siting criteria adopted or used by the commission before 178
February 28, 1998, unless federal law or regulations require more 179
stringent criteria. The moratorium established in this paragraph 180
shall not apply to the issuance of any permit for a new swine 181
concentrated animal feeding operation or the expansion of an 182
existing swine concentrated animal feeding operation that uses an 183
animal waste management system which the applicant demonstrates to 184
the Permit Board is innovative in significantly reducing the 185
effects of the operation on the public health, welfare or the 186
environment and which is approved by the Permit Board. The Permit 187
Board shall not issue or modify more than five (5) permits under 188
this innovative animal waste management system technology 189
exemption to the moratorium. 190
(g) Each applicant for a permit for a new outlet for 191
the discharge of wastes into the waters of the state who is 192
required to obtain a certificate of public convenience and 193
necessity from the Public Service Commission for such wastewater 194
system shall submit financial and managerial information as 195
required by the Public Utilities Staff. Following review of that 196
information, the Executive Director of the Public Utilities Staff 197
shall certify in writing to the executive director of the 198
department, the financial and managerial viability of the system 199
if the Executive Director of the Public Utilities Staff determines 200
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the system is viable. The Permit Board shall not issue the permit 201
until the certification is received. 202
(4) (a) Except as required by this section, before the 203
issuance, reissuance, denial, modification or revocation of any 204
air pollution control or water pollution control permit, permit 205
required under the Solid Wastes Disposal Law of 1974 (Title 17, 206
Chapter 17) or any other permit within its jurisdiction, the 207
Permit Board, in its discretion, may hold a public hearing or 208
meeting to obtain comments from the public on its proposed action. 209
Before the issuance, reissuance, denial, modification pertaining 210
to the expansion of a facility, transfer or revocation of a permit 211
for a commercial hazardous waste management facility or a solid 212
waste management permit for a commercial municipal solid waste 213
landfill or incinerator, the Permit Board, in its 214
discretion, * * * may conduct a public hearing or meeting to 215
obtain comments from the public on the proposed action. That 216
hearing or meeting shall be informal in nature and conducted under 217
those procedures as the Permit Board may deem appropriate 218
consistent with the commission's regulations. 219
(b) Within thirty (30) days after the date the Permit 220
Board takes action upon permit issuance, reissuance, denial, 221
modification or revocation, as recorded in the minutes of the 222
Permit Board, any interested party aggrieved by that action may 223
file a written request for a formal hearing before the Permit 224
Board. An interested party is any person claiming an interest 225
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relating to the property or project which is the subject of the 226
permit action, and who is so situated that the person may be 227
affected by the disposition of that action. 228
The Permit Board shall fix the time and place of the formal 229
hearing and shall notify the permittee of that time and place. 230
In conducting the formal hearing, the Permit Board shall have 231
the same full powers as to subpoenaing witnesses, administering 232
oaths, examining witnesses under oath and conducting the hearing, 233
as is now vested by law in the Mississippi Public Service 234
Commission, as to the hearings before it, with the additional 235
power that the Executive Director of the Permit Board may issue 236
all subpoenas at the instance of the Permit Board or at the 237
instance of any interested party. Any subpoenas shall be served 238
by any lawful officer in any county to whom the subpoena is 239
directed and return made thereon as provided by law, with the cost 240
of service being paid by the party on whose behalf the subpoena 241
was issued. Witnesses summoned to appear at the hearing shall be 242
entitled to the same per diem and mileage as witnesses attending 243
the circuit court and shall be paid by the person on whose behalf 244
the witness was called. Sufficient sureties for the cost of 245
service of the subpoena and witness fees shall be filed with the 246
Executive Director of the Permit Board at the time that issuance 247
of the subpoena is requested. At a hearing, any interested party 248
may present witnesses and submit evidence and cross-examine 249
witnesses. 250
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The Permit Board may designate a hearing officer to conduct 251
the formal hearing on all or any part of the issues on behalf of 252
the Permit Board. The hearing officer shall prepare the record of 253
the formal hearing conducted by that officer for the Permit Board 254
and shall submit the record to the Permit Board. 255
Upon conclusion of the formal hearing, the Permit Board shall 256
enter in its minutes the board's decision affirming, modifying or 257
reversing its prior decision to issue, reissue, deny, modify or 258
revoke a permit. The Permit Board shall prepare and record in its 259
minutes findings of fact and conclusions of law supporting its 260
decision. That decision, as recorded in its minutes with its 261
findings of fact and conclusions of law, shall be final unless an 262
appeal, as provided in this section, is taken to chancery court 263
within twenty (20) days following the date the decision is entered 264
in the board's minutes. 265
(c) Within twenty (20) days after the date the Permit 266
Board takes action upon permit issuance, reissuance, denial, 267
modification or revocation after a formal hearing under this 268
subsection as recorded in the minutes of the Permit Board, any 269
person aggrieved of that action may appeal the action as provided 270
in subsection (5) of this section. 271
(5) (a) Appeals from any decision or action of the Permit 272
Board shall be only to chancery court as provided in this 273
subsection. 274
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(b) Any person who is aggrieved by any decision of the 275
Permit Board issuing, reissuing, denying, revoking or modifying a 276
permit after a formal hearing may appeal that decision within the 277
period specified in subsection (4)(c) of this section to the 278
chancery court of the county of the situs in whole or in part of 279
the subject matter. The appellant shall give a cost bond with 280
sufficient sureties, payable to the state in the sum of not less 281
than One Hundred Dollars ($100.00) nor more than Five Hundred 282
Dollars ($500.00), to be fixed by the Permit Board and to be filed 283
with and approved by the Executive Director of the Permit Board, 284
who shall forthwith certify the filing of the bond together with a 285
certified copy of the record of the Permit Board in the matter to 286
the chancery court to which the appeal is taken, which shall 287
thereupon become the record of the cause. An appeal to the 288
chancery court as provided in this section shall not stay the 289
decision of the Permit Board. The aggrieved party may, within 290
twenty (20) days following the date the board's decision after a 291
formal hearing is entered on the board's minutes, petition the 292
chancery court for an appeal with supersedeas and the chancellor 293
shall grant a hearing on that petition. Upon good cause shown, 294
the chancellor may grant that appeal with supersedeas. If 295
granted, the appellant shall be required to post a bond with 296
sufficient sureties according to law in an amount to be determined 297
by the chancellor. Appeals shall be considered only upon the 298
record as made before the Permit Board. The chancery court shall 299
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always be deemed open for hearing of an appeal and the chancellor 300
may hear the same in termtime or in vacation at any place in the 301
chancellor's district, and the appeal shall have precedence over 302
all civil cases, except election contests. The chancery court 303
shall review all questions of law and of fact. If no prejudicial 304
error is found, the matter shall be affirmed. If prejudicial 305
error is found the decision of the board shall be reversed and the 306
chancery court shall remand the matter to the Permit Board for 307
appropriate action as may be indicated or necessary under the 308
circumstances. Appeals may be taken from the chancery court to 309
the Supreme Court in the manner as now required by law, except 310
that if a supersedeas is desired by the party appealing to the 311
chancery court, that party may apply for a supersedeas to the 312
chancellor of that court, who shall award a writ of supersedeas, 313
without additional bond, if in the chancellor's judgment material 314
damage is not likely to result thereby; but otherwise, the 315
chancellor shall require a supersedeas bond as the chancellor 316
deems proper, which shall be liable to the state for any damage. 317
SECTION 2. Section 49-35-11, Mississippi Code of 1972, is 318
amended as follows: 319
49-35-11. (1) If the commission finds that the proposed 320
brownfield agreement complies with this article and regulations, 321
the commission, by order, shall approve the proposed brownfield 322
agreement. After approval of the brownfield agreement, the 323
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executive director and the brownfield party shall execute the 324
brownfield agreement. 325
(2) The commission may enter into a brownfield agreement as 326
proposed by the department or may modify that agreement before 327
entering into it. The commission subsequently may modify any 328
brownfield agreement by entry of an order. The commission orders 329
issued under this article shall be reviewable as provided in 330
Section 49-17-41. The commission may disapprove a proposed 331
brownfield agreement or decline to enter into a brownfield 332
agreement by entry of an order. In the order, the commission shall 333
state the reasons for disapproval of the agreement or declining to 334
enter into the agreement. 335
(3) Until the executive director issues a "no further 336
action" letter under Section 49-35-15, approval from the 337
commission shall be required for any sale, conveyance or other 338
change in surface ownership of any portion of the brownfield 339
agreement site owned by the brownfield party desiring to make the 340
change in ownership, if the new surface owner will perform any 341
obligations under the brownfield agreement. That brownfield party 342
and the new surface owner jointly shall provide information 343
satisfactory to the commission that the new surface owner has the 344
financial, managerial and technical resources to complete 345
performance of the brownfield agreement obligations to be 346
transferred and that the new surface owner agrees to complete this 347
performance. If the commission determines that the new surface 348
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owner has the financial, managerial, and technical resources to 349
complete this performance and has agreed to do so, the commission 350
shall issue an order approving the transfer. 351
(4) * * * The commission, under any conditions it may 352
prescribe, may authorize the executive director to issue any 353
orders required under this article. A decision by the executive 354
director shall be a decision of the commission and shall be 355
reviewable as provided under Section 49-17-41. 356
SECTION 3. Section 51-3-9, Mississippi Code of 1972, is 357
amended as follows: 358
51-3-9. (1) No permit for water use shall be issued for a 359
period longer than ten (10) years. The right to use of water 360
granted by the permit shall automatically terminate upon the 361
passage of the tenth anniversary date of the permit unless there 362
is pending before the board an application for another water 363
permit which includes the use of the same water permitted under 364
the expiring permit. Six (6) months prior to the tenth 365
anniversary date of such permit, the board shall give actual 366
written notice * * * to the permit holder informing him that such 367
permit shall be automatically terminated upon its expiration 368
unless such permit holder has made an application for another 369
water permit as described in this subsection. The permit shall be 370
reissued to the permit holder unless his continued use is found to 371
be contrary to the public interest. 372
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(2) Notwithstanding the foregoing provision, the board may 373
grant to a municipality, county or other governmental subdivision, 374
a public utility or a publicly regulated utility, a permit to use 375
water for a duration sufficient to amortize the initial capital 376
investment of such permittee in water-related equipment. 377
(3) The board may modify, terminate or decline to reissue a 378
permit upon a showing of good cause, after affording the permittee 379
involved an opportunity for a hearing at which the permittee shall 380
be entitled to be represented by legal counsel and call witnesses 381
and present evidence on his behalf. 382
(4) The board shall issue to any person filing a notice of 383
claim to previously existing rights as provided in Section 51-3-5 384
a permit which reflects such person's rights. However, such 385
person, on or before the tenth anniversary date of the permit so 386
issued by the board, shall file an application to renew such 387
permit or the rights thereunder to the use of water shall 388
automatically terminate upon the expiration of the permit. This 389
decennial filing requirement shall also apply thereafter to each 390
renewed permit. 391
SECTION 4. Section 51-3-31, Mississippi Code of 1972, is 392
amended as follows: 393
51-3-31. Any person desiring to use water for a beneficial 394
purpose shall apply to the board for a permit for such use on a 395
form prescribed by the board for such purpose. * * * Said 396
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ST: Commercial hazardous waste management
facilities; revise certain provisions relating
to.
application shall provide such information as deemed appropriate 397
by the board to its decision to issue such permit. 398
* * * 399
SECTION 5. Section 49-35-13, Mississippi Code of 1972, is 400
brought forward as follows: 401
49-35-13. (1) Any material failure of a brownfield party or 402
the agents or employees of a brownfield party to comply with the 403
brownfield agreement constitutes a violation of this section by 404
the brownfield party. If a brownfield party violates this section 405
the commission shall issue an order requiring the brownfield party 406
to correct the violation in an appropriate time period established 407
by the order. 408
(2) If the brownfield party fails to comply with an order 409
issued under subsection (1) of this section, the brownfield party 410
shall be subject to removal of all liability protection afforded 411
by the brownfield agreement under Section 49-35-15 and shall be 412
subject to civil penalties under Section 49-17-43. 413
(3) This section shall not create a defense against the 414
imposition of criminal or civil penalties or other administrative 415
remedies authorized by law for violations of law caused by the 416
brownfield party while implementing or failing to implement the 417
brownfield agreement. 418
SECTION 6. This act shall take effect and be in force from 419
and after July 1, 2026. 420