House Bill 133

AN ACT TO PROVIDE THAT IF THE OWNER OF A RESIDENCE OR BUSINESS HAS AN OPERATING AND PROPERLY FUNCTIONING WATER WELL TO PROVIDE THE WATER SUPPLY OF THE RESIDENCE OR BUSINESS AT THE TIME THAT A PUBLIC WATER SYSTEM IS MADE AVAILABLE FOR THE LOCATION OF THE RESIDENCE OR BUSINESS, THE OWNER SHALL NOT BE REQUIRED TO CONNECT THE RESIDENCE OR BUSINESS TO THE PUBLIC WATER SYSTEM; TO PROVIDE THAT IF THERE IS A QUESTION ABOUT WHETHER THE WATER WELL IS PROPERLY FUNCTIONING, THE OWNER OF THE RESIDENCE OR BUSINESS MAY SEEK A RULING FROM A LICENSED PROFESSIONAL ENGINEER, WHOSE RULING ON THE MATTER SHALL TAKE PRECEDENCE OVER ANY OTHER DETERMINATION OR RULING MADE BY A STATE OR LOCAL GOVERNING BODY, OFFICIAL OR EMPLOYEE; TO CREATE NEW SECTION 41-67-8, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IF THE OWNER OF A RESIDENCE OR BUSINESS HAS AN OPERATING AND PROPERLY FUNCTIONING INDIVIDUAL ON-SITE WASTEWATER DISPOSAL SYSTEM TO PROVIDE SEWAGE TREATMENT AND DISPOSAL FOR THE RESIDENCE OR BUSINESS AT THE TIME THAT A CENTRALIZED WASTEWATER TREATMENT SYSTEM IS MADE AVAILABLE FOR THE LOCATION OF THE RESIDENCE OR BUSINESS, THE OWNER SHALL NOT BE REQUIRED TO CONNECT THE RESIDENCE OR BUSINESS TO THE CENTRALIZED WASTEWATER TREATMENT SYSTEM; TO PROVIDE THAT IF THERE IS A QUESTION ABOUT WHETHER THE INDIVIDUAL ON-SITE WASTEWATER DISPOSAL SYSTEM IS PROPERLY FUNCTIONING, THE OWNER OF THE RESIDENCE OR BUSINESS MAY SEEK A RULING FROM A LICENSED PROFESSIONAL ENGINEER, WHOSE RULING ON THE MATTER SHALL TAKE PRECEDENCE OVER ANY OTHER DETERMINATION OR RULING MADE BY A STATE OR LOCAL GOVERNING BODY, OFFICIAL OR EMPLOYEE; TO AMEND SECTIONS 41-67-7, 41-67-9 AND 41-67-11, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING PROVISIONS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) If the owner of a residence or business has an operating and properly functioning water well to provide the water supply of the residence or business at the time that a public water system is made available for the location of the residence or business, the owner shall not be required to connect the residence or business to the public water system.

(2) If there is a question about whether the water well is properly functioning, the owner of the residence or business may seek a ruling from a licensed professional engineer, whose ruling on the matter shall take precedence over any other determination or ruling made by a state or local governing body, official or employee. The term "licensed professional engineer" means any person who has met the requirements under Section 73-13-23(1) and who has been issued a certificate of registration as a professional engineer.

SECTION 2. The following shall be codified as Section 41-67-8, Mississippi Code of 1972:

41-67-8. (1) If the owner of a residence or business has an operating and properly functioning individual on-site wastewater disposal system to provide sewage treatment and disposal for the residence or business at the time that a centralized wastewater treatment system is made available for the location of the residence or business, the owner shall not be required to connect the residence or business to the centralized wastewater treatment system.

(2) If there is a question about whether the individual on-site wastewater disposal system is properly functioning, the owner of the residence or business may seek a ruling from a licensed professional engineer, whose ruling on the matter shall take precedence over any other determination or ruling made by a state or local governing body, official or employee.

SECTION 3. Section 41-67-7, Mississippi Code of 1972, is amended as follows:

41-67-7. (1) Approval of the design, construction or installation of an individual on-site wastewater disposal system by the department is required, except as otherwise provided in Section 41-67-6(7). Upon completion of installation of the system, the department shall approve the design, construction or installation of that system, as requested, if the system is designed, constructed and installed, as the case may be, in accordance with the rules and regulations of the board. Whenever a person requests approval of an individual on-site wastewater disposal system and has met the requirements in subsection (3) of this section, the department must approve or disapprove the request within five (5) working days. If the department disapproves the request, the department shall state in writing the reasons for the disapproval. If the department does not respond to the request within ten (10) calendar days, the request for approval of the individual on-site wastewater disposal system shall be deemed approved.

(2) Individual on-site wastewater disposal systems shall be considered acceptable, provided the following requirements are met:

(a) Centralized wastewater treatment systems are not available or feasible, except as otherwise provided in Section 41-67-8;

(b) The existing disposal systems in the area are functioning satisfactorily;

(c) Soil types, soil texture, seasonal water tables and other limiting factors are satisfactory for underground absorption;

(d) Any private water supply is located at a higher elevation or it must be properly protected and at least fifty (50) feet from the individual on-site wastewater disposal system and at least one hundred (100) feet from the disposal field of the system; and

(e) The systems meet applicable water quality requirements of Section 41-67-10.

(3) After construction or installation of the individual on-site wastewater disposal system, the property owner or his agent shall provide a final approval request containing the following to the department:

(a) A signed affidavit from the installer that the system was installed in compliance with all requirements, regulations and permit conditions applicable to the system installed; and

(b) For any advanced treatment system, an affidavit from the property owner agreeing to a continuing maintenance agreement on the installed system at the end of the required manufacturer's maintenance agreement.

(4) If any person or certified installer fails to obtain final approval or submit an affidavit of proper installation to the department in the installation of the system, the board, after due notice and hearing, may levy an administrative fine not to exceed Ten Thousand Dollars ($10,000.00). Each wastewater system installed not in compliance with this chapter or applicable rules and regulations of the board may be considered a separate offense.

(5) The property owner, if not a qualified homeowner maintenance provider, shall keep a continuing maintenance agreement with a certified installer on all advanced treatment systems in perpetuity. Any person violating this subsection shall be subject to the penalties and damages as provided in Section 41-67-28(5).

SECTION 4. Section 41-67-9, Mississippi Code of 1972, is amended as follows:

41-67-9. (1) All existing individual on-site wastewater disposal systems on July 1, 2014, shall be grandfathered in until a valid complaint is registered with a county department of health or until a property owner requests an inspection by the department.

(2) All existing individual on-site wastewater disposal systems shall be considered acceptable provided the following requirements are met:

(a) The existing individual on-site wastewater disposal system and all treated effluent is contained on the property of the generator;

(b) No evidence that any insufficiently treated effluent is leaving the property of the generator or has been seeping to the surface of the ground;

(d) If a private water supply well is present, the well should be located at a higher elevation than the disposal system and is protected from surface contamination by a concrete slab of a thickness of at least four (4) inches extending at least two (2) feet in all directions from the well casing; and

(e) If an advanced treatment system is used, the property owner shall be required to contact an authorized representative of a certified manufacturer of the specific advanced treatment system to provide a continuous maintenance agreement or provide the property owner training to become a qualified homeowner maintenance provider.

(3) Owners of property on which an existing individual on-site wastewater disposal system does not meet the requirements of subsection (2) of this section shall be required by the department to meet Section 41-67-6 or Section 41-67-21.

SECTION 5. Section 41-67-11, Mississippi Code of 1972, is amended as follows:

41-67-11. (1) Individual on-site wastewater disposal systems may be approved in an area where individual on-site wastewater disposal systems otherwise would not be approved because of the availability or feasibility of connection to a centralized wastewater treatment system only after a contract has been awarded or other definite commitments as are deemed sufficient to the department are formalized for the construction of a centralized wastewater treatment system that upon completion will adequately serve the property. Individual on-site wastewater disposal systems shall only be approved when the centralized wastewater treatment system will be completed and available for use within thirty-six (36) months. The department may approve the installation of a system under these circumstances only if the system will comply with the requirements of Section 41-67-5(1) and comply with all construction requirements of the department. The system may be installed only after the developer has signed a written agreement with the centralized wastewater treatment provider stating that the developer will connect to the centralized wastewater treatment system when it becomes available, and the provider of the centralized wastewater treatment system being constructed certifies that the centralized wastewater treatment system will have adequate capacity to accept the sewage to be produced by the individual on-site wastewater disposal systems. The developer shall install an internal sewage collection system from each lot to the connection point to the centralized wastewater treatment system as he develops the streets of the subdivision. Upon completion of the construction of the centralized wastewater treatment system, all individual on-site wastewater disposal systems shall be abandoned and all residences, buildings or facilities connected to the centralized wastewater treatment system, except as otherwise provided in Section 41-67-8.

(2) The department may approve the use of a sewage holding tank for the purpose of providing sewage services. The department shall require the proper abandonment and removal of the sewage holding tank and connection to a centralized wastewater treatment system when that system is available, or the usage is no longer needed.

SECTION 6. This act shall take effect and be in force from and after July 1, 2015.