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To: Public Utilities
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative Remak
HOUSE BILL NO. 569
AN ACT TO AMEND SECTION 41-67-4, MISSISSIPPI CODE OF 1972, TO 1
REDUCE THE TIME BY WHICH THE STATE DEPARTMENT OF HEALTH MUST MAKE 2
A DETERMINATION OF THE FEASIBILITY OF ESTABLISHING CENTRALIZED 3
WASTEWATER TREATMENT SYSTEMS IN A SUBDIVISION WHEN A DEVELOPER 4
REQUESTS A DETERMINATION OF FEASIBILITY; TO AMEND SECTION 41-67-6, 5
MISSISSIPPI CODE OF 1972, TO REDUCE THE TIME BY WHICH THE STATE 6
DEPARTMENT OF HEALTH MUST MAKE A DETERMINATION OF SUITABILITY OF 7
INDIVIDUAL ON-SITE WASTEWATER DISPOSAL SYSTEMS IN A SUBDIVISION 8
WHEN A DEVELOPER REQUESTS A DETERMINATION OF SUITABILITY; TO BRING 9
FORWARD SECTIONS 41-67-7 AND 41-67-11, MISSISSIPPI CODE OF 1972, 10
FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES. 11
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 12
SECTION 1. Section 41-67-4, Mississippi Code of 1972, is 13
amended as follows: 14
41-67-4. (1) The department shall determine the feasibility 15
of establishing centralized wastewater treatment systems upon the 16
submission by the developer of a preliminary design and 17
feasibility study prepared by a licensed professional engineer. 18
The developer may request and obtain a hearing before the board if 19
the developer is dissatisfied with the department's determination 20
of feasibility. The determination that a centralized wastewater 21
treatment system must be established shall be made without regard 22
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to whether the establishment of a centralized wastewater treatment 23
system is authorized by law or is subject to approval by one or 24
more state or local government or public bodies. Whenever a 25
developer requests a determination of feasibility, the department 26
must make the determination within * * * twenty (20) days after 27
receipt of the preliminary design and feasibility study from the 28
developer. The department shall state in writing the reasons for 29
its determination. If the department does not make a 30
determination within * * * twenty (20) days, all sites within the 31
subdivision shall be approved, if a certified installer attests or 32
a department environmentalist determines that each site can be 33
adequately served by an individual on-site wastewater disposal 34
system. 35
(2) Where subdivisions are proposed that are composed of 36
fewer than thirty-five (35) building sites, and no centralized 37
wastewater treatment system is available, the department may waive 38
the requirement for a feasibility study. If the feasibility study 39
is waived, all sites within the subdivision shall be approved, if 40
a certified installer attests or a department environmentalist 41
determines that each site can be adequately served by an 42
individual on-site wastewater disposal system. 43
(3) * * * "Feasibility study" means a written evaluation and 44
analysis of the potential of a proposed project that is based on 45
investigation and research by a licensed professional engineer to 46
give cost comparison between centralized or decentralized 47
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treatment and disposal and individual on-site wastewater disposal 48
systems. 49
SECTION 2. Section 41-67-6, Mississippi Code of 1972, is 50
amended as follows: 51
41-67-6. (1) Nothing in this chapter shall preclude a 52
certified professional evaluator or licensed professional engineer 53
from providing services relating to the design of an individual 54
on-site wastewater disposal system to comply with this chapter, 55
except for performance-based systems as specified in Section 56
41-67-3(3). A certified professional evaluator or licensed 57
professional engineer shall notify the department in writing of 58
those services being provided, including the type of treatment, 59
the type of disposal, and the property address for the treatment 60
and disposal system. Construction or installation shall not begin 61
before authorization by the department. The department shall 62
respond within ten (10) business days with authorization that the 63
certified professional evaluator or licensed professional engineer 64
fulfills the requirements of the law. 65
(2) Within five (5) working days following receipt of the 66
notice of intent and plot plan by an owner, lessee or developer of 67
any lot or tract of land, the department shall conduct a soil and 68
site evaluation, except in cases where a certified professional 69
evaluator or licensed professional engineer provides services 70
relating to the design, construction or installation of an 71
individual on-site wastewater disposal system to comply with this 72
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chapter. All regulations shall be applied uniformly in all areas 73
of the state and shall take into consideration and make provision 74
for different types of soil in the state when performing soil and 75
site evaluations. Within ten (10) additional working days, the 76
department shall make recommendations to the owner, lessee or 77
developer of the type or types of individual on-site wastewater 78
disposal systems suitable for installation on the lot or tract, 79
unless there are conditions requiring further investigation that 80
are revealed in the initial evaluation. In making recommendations 81
on the type or types of individual on-site wastewater disposal 82
systems suitable for installation on a lot or tract, personnel of 83
the department shall use best professional judgment based on rules 84
and regulations adopted by the board, considering the type or 85
types of systems which are installed and functioning on lots or 86
tracts near the subject lot or tract. To the extent practicable, 87
the recommendations shall give the owner, lessee or developer 88
maximum flexibility and all options consistent with the federal 89
Clean Water Act, consistent with maintaining the wastes on the 90
property of the generator and consistent with protection of the 91
public health. The system or systems recommended shall be 92
environmentally sound and cost-effective. The department, a 93
licensed professional engineer or a certified professional 94
evaluator shall provide complete information, including all 95
applicable requirements and regulations on all systems 96
recommended. The owner, lessee or developer shall have the right 97
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to choose among systems. The department shall provide the owner, 98
lessee or developer with a permit/recommendation that specifies 99
all types of individual on-site wastewater disposal systems that 100
are suitable for installation on the lot or tract. 101
(3) Within * * * twenty (20) days of receipt of a request 102
for determination of suitability of individual on-site wastewater 103
disposal systems in a subdivision, the department shall advise the 104
developer in writing either that all necessary information needed 105
for determination of suitability has been received or state the 106
additional information needed by the department for determination 107
of suitability. 108
(4) Whenever a developer requests a determination of 109
suitability of individual on-site wastewater disposal systems in a 110
subdivision, the department must make the determination 111
within * * * twenty (20) days after receipt of all necessary 112
information needed for the determination of suitability from the 113
developer. The department shall state in writing the reasons for 114
its determination. 115
(5) (a) The certified installer shall notify the department 116
at least twenty-four (24) hours before beginning installation of 117
an individual on-site wastewater disposal system and, at that 118
time, schedule a time for inspection of the system with the 119
appropriate county department of health. 120
(b) A certified installer, or designated agent thereof, 121
shall not cover his work with soil or other surface material 122
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unless the installer has received authorization to cover the 123
system after an inspection by a department environmentalist, or 124
unless a department environmentalist does not arrive for 125
inspection within thirty (30) minutes of the designated and agreed 126
upon time, in which case a certified installer, or designated 127
agent thereof, may submit an affidavit of proper installation to 128
the department for final approval. 129
(6) A person may not design, construct or install, or cause 130
to be designed, constructed or installed an individual on-site 131
wastewater disposal system that does not comply with this chapter 132
and rules and regulations of the board. 133
(7) Any lot or tract that is two (2) acres or larger shall 134
be exempt from the requirements of this chapter and regulations of 135
the department relating to approval of individual on-site 136
wastewater disposal systems by the department, and shall be exempt 137
from the provisions of Section 41-67-5(2), provided that: 138
(a) All wastewater is contained on the lot or tract; 139
(b) No watercourse, as defined in Section 51-3-3(h), of 140
Mississippi or the United States is impacted; and 141
(c) The person who installed the individual on-site 142
wastewater disposal system provides the department with a signed 143
affidavit attesting that the requirements of paragraphs (a) and 144
(b) are met. 145
SECTION 3. Section 41-67-7, Mississippi Code of 1972, is 146
brought forward as follows: 147
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41-67-7. (1) Approval of the design, construction or 148
installation of an individual on-site wastewater disposal system 149
by the department is required, except as otherwise provided in 150
Section 41-67-6(7). Upon completion of installation of the 151
system, the department shall approve the design, construction or 152
installation of that system, as requested, if the system is 153
designed, constructed and installed, as the case may be, in 154
accordance with the rules and regulations of the board. Whenever 155
a person requests approval of an individual on-site wastewater 156
disposal system and has met the requirements in subsection (3) of 157
this section, the department must approve or disapprove the 158
request within five (5) working days. If the department 159
disapproves the request, the department shall state in writing the 160
reasons for the disapproval. If the department does not respond 161
to the request within ten (10) calendar days, the request for 162
approval of the individual on-site wastewater disposal system 163
shall be deemed approved. 164
(2) Individual on-site wastewater disposal systems shall be 165
considered acceptable, provided the following requirements are 166
met: 167
(a) Centralized wastewater treatment systems are not 168
available or feasible; 169
(b) The existing disposal systems in the area are 170
functioning satisfactorily; 171
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(c) Soil types, soil texture, seasonal water tables and 172
other limiting factors are satisfactory for underground 173
absorption; 174
(d) Any private water supply is located at a higher 175
elevation or it must be properly protected, and at least fifty 176
(50) feet from the individual on-site wastewater disposal system 177
and at least one hundred (100) feet from the disposal field of the 178
system; and 179
(e) The systems meet applicable water quality 180
requirements of Section 41-67-10. 181
(3) After construction or installation of the individual 182
on-site wastewater disposal system, the property owner or his 183
agent shall provide a final approval request containing the 184
following to the department: 185
(a) A signed affidavit from the installer that the 186
system was installed in compliance with all requirements, 187
regulations and permit conditions applicable to the system 188
installed; and 189
(b) For any advanced treatment system, an affidavit 190
from the property owner agreeing to a continuing maintenance 191
agreement on the installed system at the end of the required 192
manufacturer's maintenance agreement. 193
(4) If any person or certified installer fails to obtain 194
final approval or submit an affidavit of proper installation to 195
the department in the installation of the system, the board, after 196
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due notice and hearing, may levy an administrative fine not to 197
exceed Ten Thousand Dollars ($10,000.00). Each wastewater system 198
installed not in compliance with this chapter or applicable rules 199
and regulations of the board may be considered a separate offense. 200
(5) The property owner, if not a qualified homeowner 201
maintenance provider, shall keep a continuing maintenance 202
agreement with a certified installer on all advanced treatment 203
systems in perpetuity. Any person violating this subsection shall 204
be subject to the penalties and damages as provided in Section 205
41-67-28(5). 206
SECTION 4. Section 41-67-11, Mississippi Code of 1972, is 207
brought forward as follows: 208
41-67-11. (1) Individual on-site wastewater disposal 209
systems may be approved in an area where individual on-site 210
wastewater disposal systems otherwise would not be approved 211
because of the availability or feasibility of connection to a 212
centralized wastewater treatment system only after a contract has 213
been awarded or other definite commitments as are deemed 214
sufficient to the department are formalized for the construction 215
of a centralized wastewater treatment system that upon completion 216
will adequately serve the property. Individual on-site wastewater 217
disposal systems shall only be approved when the centralized 218
wastewater treatment system will be completed and available for 219
use within thirty-six (36) months. The department may approve the 220
installation of a system under these circumstances only if the 221
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system will comply with the requirements of Section 41-67-5(1) and 222
comply with all construction requirements of the department. The 223
system may be installed only after the developer has signed a 224
written agreement with the centralized wastewater treatment 225
provider stating that the developer will connect to the 226
centralized wastewater treatment system when it becomes available, 227
and the provider of the centralized wastewater treatment system 228
being constructed certifies that the centralized wastewater 229
treatment system will have adequate capacity to accept the sewage 230
to be produced by the individual on-site wastewater disposal 231
systems. The developer shall install an internal sewage 232
collection system from each lot to the connection point to the 233
centralized wastewater treatment system as he develops the streets 234
of the subdivision. Upon completion of the construction of the 235
centralized wastewater treatment system, all individual on-site 236
wastewater disposal systems shall be abandoned and all residences, 237
buildings or facilities connected to the centralized wastewater 238
treatment system. 239
(2) The department may approve the use of a sewage holding 240
tank for the purpose of providing sewage services. The department 241
shall require the proper abandonment and removal of the sewage 242
holding tank and connection to a centralized wastewater treatment 243
system when that system is available, or the usage is no longer 244
needed. 245
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ST: Wastewater disposal systems; reduce time by
which SDH must determine feasibility or
suitability of establishing in subdivisions.
SECTION 5. This act shall take effect and be in force from 246
and after July 1, 2026. 247