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To: Energy
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representatives Powell, Hale
HOUSE BILL NO. 965
AN ACT TO AMEND SECTION 17-17-27, MISSISSIPPI CODE OF 1972, 1
TO REMOVE THE PROHIBITION ON COMMERCIAL HAZARDOUS WASTE AND 2
UNDERGROUND INJECTION WELLS; TO AMEND SECTION 17-17-151, 3
MISSISSIPPI CODE OF 1972, TO REMOVE REFERENCES TO THE MISSISSIPPI 4
CAPACITY ASSURANCE PLAN; TO AMEND SECTION 17-17-153, MISSISSIPPI 5
CODE OF 1972, TO REMOVE CERTAIN REFERENCES TO FEDERAL REQUIREMENTS 6
UNDER THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND 7
LIABILITY ACT OF 1980 FOR STATE CAPACITY ASSURANCE PLANS; AND FOR 8
RELATED PURPOSES. 9
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 10
SECTION 1. Section 17-17-27, Mississippi Code of 1972, is 11
amended as follows: 12
17-17-27. (1) The department shall exercise such 13
supervision over restrictions, equipment, methodology and 14
personnel in the management of solid wastes as may be necessary to 15
enforce sanitary requirements; and the commission shall adopt such 16
rules and regulations as may be needed to specify methodology and 17
procedures to meet the requirements of this chapter, which shall 18
include at a minimum: 19
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(a) Criteria for the determination of whether any waste 20
or combination of wastes is hazardous for the purposes of this 21
chapter; 22
(b) Rules and regulations for the storage, treatment 23
and disposal of solid wastes; 24
(c) Rules and regulations for the transportation, 25
containerization and labeling of hazardous wastes, which rules 26
shall be consistent with those issued by the United States 27
Department of Transportation; 28
(d) Rules and regulations specifying the terms and 29
conditions under which the Permit Board shall issue, modify, 30
suspend, revoke or deny such permits as may be required by this 31
chapter. Such rules and regulations shall include, and not by way 32
of limitation, specific authority for the Permit Board to consider 33
the financial capability and performance history of an applicant; 34
(e) Rules and regulations establishing standards and 35
procedures for the safe storage or transportation of hazardous 36
waste and for the safe operation and maintenance of hazardous 37
waste treatment or disposal facilities or sites or equipment; 38
(f) A listing of those wastes or combinations of wastes 39
which are not compatible, and which may not be stored or disposed 40
of together; 41
(g) Procedures and requirements for the use of a 42
manifest during the transport of hazardous wastes; 43
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(h) Standards for financial responsibility to cover the 44
liability, closure and post-closure of any site and perpetual care 45
of a commercial hazardous waste landfill. Rules and regulations 46
promulgated hereunder may include, and not by way of limitation, 47
requirements for maintaining liability insurance coverage if such 48
coverage is not required under rules and regulations promulgated 49
by the United States Environmental Protection Agency; 50
(i) Rules and regulations establishing minimum 51
distances within which any hazardous waste disposal facility may 52
be located from any municipality, school, residence, church or 53
health care facility; 54
(j) Other rules and regulations as the commission deems 55
necessary to manage hazardous wastes in the state, provided that 56
such rules and regulations shall be equivalent to the United 57
States Environmental Protection Agency's rules and regulations. 58
(2) In complying with this section the commission shall 59
consider the variations within this state in climate, geology, 60
population density and such other factors as may be relevant to 61
the management of hazardous wastes. It is the intent of the 62
Legislature that commercial hazardous waste landfills be located 63
on those sites which, by virtue of their geologic conditions, 64
provide a high degree of environmental protection. In carrying 65
out the intent of this provision, the commission is authorized to 66
adopt siting criteria for commercial hazardous waste landfills 67
which are more stringent or extensive in scope, coverage and 68
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effect than the rules and regulations promulgated by the United 69
States Environmental Protection Agency. 70
(3) * * * A commercial hazardous waste landfill shall not be 71
located on the same site or within one thousand (1,000) feet of an 72
existing or abandoned ordinary waste disposal site, unless the 73
hazardous waste to be disposed of in said commercial landfill is 74
specifically approved as exempted. 75
(4) After promulgation of the regulations required under 76
this section, no person shall construct, substantially alter or 77
operate any solid waste treatment or disposal facility or site, 78
nor shall any person store, treat or dispose of any hazardous 79
waste without first obtaining a permit from the Permit Board for 80
such facility, site or activity. However, no person shall 81
construct any new hazardous waste treatment or disposal facility 82
or site or substantially alter any such existing facility or site, 83
nor shall the Permit Board issue a permit for any such 84
construction or alteration, until the commission has promulgated 85
rules and regulations under the provisions of subsection (1)(j) of 86
this section. Said rules and regulations shall be equivalent to 87
counterpart rules and regulations of the Environmental Protection 88
Agency whether now in effect or hereinafter promulgated. Any 89
person who has made an application for a permit for an existing 90
facility under this section shall be treated as having been issued 91
such permit until such time as final administrative disposition of 92
such application has been made unless the cause of such delay is 93
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the result of the failure of the applicant to furnish information 94
reasonably required or requested in order to process the 95
application. 96
(5) Any permit issued under this section may be revoked by 97
the issuing agency at any time when the permittee fails to comply 98
with the terms and conditions of the permit. Where the obtaining 99
of or compliance with any permit required under this section 100
would, in the judgment of the department, cause undue or 101
unreasonable hardship to any person, the department may issue a 102
variance from these requirements. In no case shall the duration 103
of any such variance exceed one (1) year. Renewals or extensions 104
may be given only after an opportunity has been given for public 105
comment on each such renewal or extension. 106
(6) Information obtained by the commission concerning 107
environmental protection including, but not limited to, 108
information contained in applications for solid or hazardous waste 109
disposal permits shall be public information and shall be made 110
available upon proper request. Other information obtained by the 111
commission, department, or Permit Board in the administration of 112
Sections 17-17-1 through 17-17-47 concerning trade secrets, 113
including, but not limited to, marketing or financial information, 114
treatment, transportation, storage or disposal processes or 115
devices, methods of manufacture, or production capabilities or 116
amounts shall be kept confidential if and only if: (a) a written 117
confidentiality claim is made when the information is supplied; 118
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(b) such confidentiality claim allows disclosure to authorized 119
department employees and/or the United States Environmental 120
Protection Agency (EPA); and (c) such confidentiality claim is 121
determined by the commission to be valid. If the confidentiality 122
claim is denied, the information sought to be covered thereby 123
shall not be released or disclosed, except to the Environmental 124
Protection Agency, until the claimant has been notified in writing 125
and afforded an opportunity for a hearing and appeal therefrom, as 126
with other orders of the commission. Disclosure of confidential 127
information by the EPA shall be governed by federal law and EPA 128
regulations. Misappropriation of a trade secret shall be governed 129
by the Mississippi Uniform Trade Secrets Act, Sections 75-26-1 130
through 75-26-19. 131
(7) Anyone making unauthorized disclosure of information 132
determined to be confidential as herein provided shall be liable 133
in a civil action for damages arising therefrom and shall also be 134
guilty of a misdemeanor punishable as provided by law. 135
(8) Notwithstanding any other provision of this chapter, the 136
executive director, upon receipt of information that the 137
generation, storage, transportation, treatment or disposal of any 138
solid waste may present an imminent and substantial hazard to the 139
public health or to the environment, may take any legal, equitable 140
or other action, including injunctive relief, necessary to protect 141
the health of such persons or the environment. 142
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SECTION 2. Section 17-17-151, Mississippi Code of 1972, is 143
amended as follows: 144
17-17-151. (1) Each application for the issuance of a 145
permit to operate a commercial hazardous waste management facility 146
shall be accompanied by a demonstration of need for that facility 147
in the anticipated service area, which shall be of the form and 148
content as the Permit Board may prescribe. Applications for the 149
reissuance, transfer or modification of previously issued permits, 150
except modifications seeking an increase in the volume of 151
hazardous waste to be managed on an annual basis, shall not be 152
subject to the requirements of this section. 153
(2) The demonstration of need shall be specific as to the 154
types of hazardous waste to be managed and shall include, but not 155
be limited to: 156
(a) Documentation of the available capacity at existing 157
commercial hazardous waste management facilities in the area to be 158
served by the facility; 159
(b) Documentation of the current volume of hazardous 160
waste generated in the area to be served by the facility and the 161
volume of hazardous waste reasonably expected to be generated in 162
the area to be served over the next twenty (20) years; and 163
(c) A description of any additional factors, such as 164
physical limitations on the transportation of the hazardous waste 165
or the existence of additional capacity outside the area to be 166
served which may satisfy the projected need. 167
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(3) The Permit Board shall consider the following factors in 168
evaluating the need for the proposed facility: 169
* * * 170
( * * *a) An approximate service area for the proposed 171
facility which takes into account the economics of hazardous waste 172
collection, transportation, treatment, storage and disposal; 173
( * * *b) The quantity of hazardous waste generated 174
within the anticipated service area suitable for treatment, 175
storage or disposal at the proposed facility; 176
( * * *c) The design capacity of existing commercial 177
hazardous waste management facilities located within the 178
anticipated service area of the proposed facility; and 179
( * * *d) The extent to which the proposed facility is 180
needed to replace other facilities, if the need for a proposed 181
commercial hazardous waste management facility cannot be 182
established under paragraphs (a) through ( * * *c). 183
(4) Based on the needs of the State of Mississippi, it is 184
the intent of the Legislature that there shall not be a 185
proliferation of unnecessary facilities in any one (1) county of 186
the state. 187
(5) If the Permit Board determines that a proposed 188
commercial hazardous waste management facility is inconsistent 189
with or contradictory to the factors set forth in subsection (3), 190
the Permit Board is hereby empowered to deny any permit for such 191
facility. 192
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(6) The commission shall develop and adopt criteria and 193
standards to be considered in location and permitting of 194
commercial hazardous waste management facilities. The standards 195
and criteria shall be developed through public participation, 196
shall be enforced by the Permit Board and shall include, in 197
addition to all applicable state and federal rules and 198
regulations, consideration of: 199
(a) Hydrological and geological factors such as flood 200
plains, depth to water table, soil composition and permeability, 201
cavernous bedrock, seismic activity, and slope; 202
(b) Natural resource factors such as wetlands, 203
endangered species habitats, proximity to parks, forests, 204
wilderness areas and historical sites, and air quality; 205
(c) Land use factors such as local land use, whether 206
residential, industrial, commercial, recreational or agricultural, 207
proximity to public water supplies, and proximity to incompatible 208
structures such as schools, churches and airports; 209
(d) Transportation factors, such as proximity to waste 210
generators and to population, route safety and method of 211
transportation; and 212
(e) Aesthetic factors such as the visibility, 213
appearance and noise level of the facility. 214
SECTION 3. Section 17-17-153, Mississippi Code of 1972, is 215
amended as follows: 216
17-17-153. (1) The Legislature finds that: 217
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(a) The beauty and quality of Mississippi's environment 218
and the public health, safety and welfare of the citizens of the 219
State of Mississippi must be protected from unsound waste 220
management practices which might result from lack of access to 221
proper hazardous waste management facilities. 222
(b) Inefficient and improper methods of managing waste 223
create hazards to public health, cause pollution of the lands, air 224
and water resources, and constitute a waste of natural resources. 225
(c) It is the policy of the State of Mississippi that 226
the generation of waste should be reduced or eliminated at the 227
source, whenever feasible; waste that is generated should be 228
recycled or reused, whenever feasible; waste that cannot be 229
reduced, recycled or reused should be treated in an 230
environmentally safe manner; and disposal should be employed only 231
as a last resort and should be conducted in an environmentally 232
safe manner. 233
* * * 234
(2) It is the intent of the Legislature that proper 235
facilities must be sited as needed for the management of hazardous 236
waste to meet the needs of Mississippi generators, and allow 237
maximum effective use of regional hazardous waste management 238
facilities; however, the Legislature believes that these 239
objectives should be accomplished without Mississippi becoming a 240
magnet for the hazardous waste from all other states and without 241
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ST: Hazardous waste management; revise
provisions relating to.
the proliferation of unnecessary and unsafe facilities in this 242
state. 243
SECTION 4. This act shall take effect and be in force from 244
and after July 1, 2026. 245