MCA Chapter 2

MCA Chapter 2
in effect

Miss. Code Ann. § 49-2-1 Declaration of purpose.

It is hereby declared to be the intent of the Legislature to conserve, manage, develop and protect our natural resources and wildlife for the benefit of this and succeeding generations by reorganizing the natural resource and wildlife conservation functions of state government into the Mississippi Department of Environmental Quality and the Mississippi Department of Wildlife, Fisheries and Parks thereby providing more effective organizations through which the methods of conserving, managing, developing and protecting our natural resources and wildlife can be analyzed, coordinated and implemented.

Miss. Code Ann. § 49-2-2 Definitions.

For purposes of this chapter, the following words and phrases shall have the meanings ascribed herein, unless the context otherwise requires: “Department” means the Mississippi Department of Environmental Quality. “Commission” means the Mississippi Commission on Environmental Quality. “Office” means an administrative subdivision of the department. “Executive director” means the chief officer of the department. “Environmental self-evaluation report” means any document, including any audit, report, finding, communication, or opinion or any draft of an audit, report, finding, communication or opinion, prepared solely as a part of or in connection with a voluntary self-assessment that is done in good faith, which report is kept and maintained solely within the confines of the evaluated party. “Voluntary self-evaluation” means a self-initiated internal assessment, audit, or review, not otherwise expressly required by environmental law, of a facility or an activity at a facility, or management systems related to a facility or an activity. A voluntary self-evaluation shall be designed to identify and prevent noncompliance with environmental laws, and improve compliance with environmental laws. In addition, a voluntary self-evaluation must be conducted by an owner or operator of a facility or an employee of the owner or operator or by a private contractor engaged by the owner or operator. “Environmental law” means any federal, state or local statute, rule or regulation, or any order, award, agreement, release, permit, license, standard or notice from or issued by a federal, state or local court, agency or governmental authority in pursuance thereof.

Miss. Code Ann. § 49-2-3 Repealed.

Repealed by Laws of 1989, ch. 544, § 131, effective from and after July 1, 1989. [En Laws, 1978, ch. 484, § 2]

Miss. Code Ann. § 49-2-4 Department of Environmental Quality; executive director; qualifications.

There is hereby created the Mississippi Department of Environmental Quality whose offices shall be located in Jackson, Mississippi. The department shall be headed by an executive director who shall be appointed by and serve at the pleasure of the Governor. The appointment of the executive director shall be made with the advice and consent of the Senate. The executive director may assign to the appropriate bureaus such powers and duties as deemed appropriate to carry out the department’s lawful functions. The executive director shall have the following minimum qualifications: A master’s degree in a field related to natural resources, and at least six (6) years’ full-time experience in natural resources, including at least three (3) years of management experience; or A bachelor’s degree in a field related to natural resources or administration and at least eight (8) years of full-time work in the field of natural resources, including four (4) years of management experience. The executive director shall be the chief administrative officer of the department.

Miss. Code Ann. § 49-2-5 Commission on Environmental Quality.

There is hereby created the Mississippi Commission on Environmental Quality, to be composed of seven (7) persons appointed by the Governor, with the advice and consent of the Senate, for a term of seven (7) years. One (1) person shall be appointed from each congressional district as constituted January 1, 1978, and two (2) members shall be appointed from the state at large. The initial terms of the members from congressional districts shall be for one (1), two (2), three (3), four (4) and five (5) years respectively, and the initial terms of the members from the state at large shall be one (1) for six (6) years and one (1) for seven (7) years. Thereafter, all terms shall be for seven (7) years. The members serving on the predecessor Commission on Natural Resources on June 30, 1989, shall continue to serve as members of the successor Commission on Environmental Quality until the expiration of the term of their appointment to the predecessor commission. The commission shall elect from its membership a chairman who shall preside over meetings and a vice chairman who shall preside in the absence of the chairman or when the chairman shall be excused. The commission shall adopt rules and regulations governing times and places for meetings, and governing the manner of conducting its business. Each member of the commission shall take the oath prescribed by Section 268 of the Constitution and shall enter into bond in the amount of Thirty Thousand Dollars ($30,000.00) to be approved by the Secretary of State, conditioned according to law and payable to the State of Mississippi before assuming the duties of office. Any member who shall not attend three (3) consecutive regular meetings of the commission shall be subject to removal by a majority vote of the commission members. The members of the commission shall receive no annual salary, but shall receive per diem compensation as authorized by law for each day devoted to the discharge of official duties, and shall be entitled to reimbursement for all actual and necessary expenses incurred in the discharge of their duties, including mileage as authorized by law. The commission shall be composed of persons with extensive knowledge of or practical experience in at least one (1) of the matters of jurisdiction of the commission. The commission is authorized and empowered to use and expend any funds received by it from any source for the purposes of this chapter. Such funds shall be expended in accordance with the statutes governing the expenditure of state funds. At least a majority of the members of the commission shall represent the public interest and shall not derive any significant portion of their income from persons subject to permits under the federal Clean Air Act or enforcement order under the federal Clean Air Act. In the event of any potential conflict of interest by a member of the commission, such member shall disclose the potential conflict to the other members of the commission and shall recuse himself or herself from participating in or voting on any matter related to such conflict of interest.

Miss. Code Ann. § 49-2-6 Mississippi Commission on Environmental Quality assuming powers and duties of Mississippi Commission on Natural Resources.

The Mississippi Commission on Environmental Quality shall be the Mississippi Commission on Natural Resources with the exception of the Bureau of Parks and Recreation, and shall retain all powers and duties granted by law to the Mississippi Commission on Natural Resources with the exception of the Division of Parks and Recreation, and wherever the term “Mississippi Commission on Natural Resources” appears in any law the same shall mean the Mississippi Commission on Environmental Quality.

Miss. Code Ann. § 49-2-7 Department of Environmental Quality assuming powers and duties of Department of Natural Resources; organization of department; duties.

The Department of Environmental Quality shall be the Mississippi Department of Natural Resources with the exception of the Office of Parks and Recreation, and shall retain all powers and duties granted by law to the Mississippi Department of Natural Resources with the exception of the Office of Parks and Recreation, and wherever the term “Mississippi Department of Natural Resources” appears in any law the same shall mean the Department of Environmental Quality. The Executive Director of the Department of Environmental Quality may assign to the appropriate offices any powers and duties deemed appropriate to carry out the lawful duties of the department. The department shall be composed of the following offices: Office of Geology and Energy Resources; Office of Land and Water Resources; and Office of Pollution Control. Each office shall be composed of the administrative units set forth in the consolidation plan adopted by the commission, subject to changes by the executive director, with approval of the commission, as hereinafter set forth. The department is designated as the single state department to receive and expend any federal funds being received or expended by any agency transferred to the department by Chapter 484, Laws of 1978, and to receive and expend any federal funds made available for matters within the jurisdiction of the department. The department shall be responsible for conserving, managing, developing and protecting the natural resources of the State of Mississippi within the jurisdiction of the department, with the exception of functions of the Office of Recreation and Parks. The department shall coordinate all functions of state government related to natural resources within the jurisdiction of the department. The department shall not exercise any of its authority or powers granted under the provisions of this section in a manner which would be inconsistent with the provisions of Section 29-1-1.

Miss. Code Ann. § 49-2-9 Commission on Environmental Quality; powers and duties.

Effective July 1, 1979, the commission shall have the following powers and duties: To formulate the policy of the department regarding natural resources within the jurisdiction of the department; To adopt, modify, repeal, and promulgate, after due notice and hearing, and where not otherwise prohibited by federal or state law, to make exceptions to and grant exemptions and variances from, and to enforce rules and regulations implementing or effectuating the powers and duties of the commission under any and all statutes within the commission’s jurisdiction, and as the commission may deem necessary to prevent, control and abate existing or potential pollution; To apply for, receive and expend any federal or state funds or contributions, gifts, devises, bequests or funds from any other source; To commission or conduct studies designed to determine alternative methods of managing or using the natural resources of this state, in a manner to insure efficiency and maximum productivity; To enter into, and to authorize the executive director to execute with the approval of the commission, contracts, grants and cooperative agreements with any federal or state agency or subdivision thereof, or any public or private institution located inside or outside the State of Mississippi, or any person, corporation or association in connection with carrying out the provisions of this chapter; but this authority under this chapter and under any and all statutes within the commission’s jurisdiction, except those statutes relating to the Bureau of Recreation and Parks, shall not include contracts, grants or cooperative agreements which do not develop data or information usable by the commission, or which provide goods, services or facilities to the commission or any of its bureaus, and shall exclude any monies for special interest groups for purposes of lobbying or otherwise promoting their special interests; and To discharge such other duties, responsibilities and powers as are necessary to implement the provisions of this chapter. The Mississippi Department of Environmental Quality, Office of Geology and Energy Resources shall be responsible for program management, procurement, development and maintenance of the Mississippi Digital Earth Model, which should include the following seven (7) core data layers of a digital land base computer model of the State of Mississippi: Geodetic control; Elevation and bathymetry; Orthoimagery; Hydrography; Transportation; Government boundaries; and Cadastral. With respect to the cadastral layer, the authority and responsibility of the Mississippi Department of Environmental Quality, Office of Geology and Energy Resources shall be limited to compiling information submitted by counties. For all seven (7) framework layers, the Mississippi Department of Environmental Quality, Office of Geology and Energy Resources shall be the integrator of data from all sources and the guarantor of data completeness and consistency and shall administer the council’s policies and standards for the procurement of remote sensing and geographic information system data by state and local governmental entities.

Miss. Code Ann. § 49-2-11 Economic and fiscal impact statements; prerequisite to enactment of rule or regulation and notice of action; effect of statements.

Prior to the adoption of an environmental rule or regulation by the Commission on Environmental Quality for a new program, the commission shall consider the economic impact and environmental benefits such rule or regulation will have on the citizens and the environment of our state, as well as the fiscal impacts of such rule or regulation on the state and local governmental agencies. This section shall not apply to the adoption of any environmental rule or regulation for a new program which is promulgated pursuant to a state/federal program delegation agreement or contract or which is expressly required by state law. Prior to giving notice of proposed agency action as required by Section 25-43-7, Mississippi Code of 1972, the commission shall develop a written report providing an economic and fiscal impact statement for the adoption of an environmental rule or regulation for a new program, except as provided in subsection (1) of this section. In developing the economic and fiscal impact statement, the commission shall consult with personnel at the Universities Research Center. The economic and fiscal impact statement shall include the following: A description of the need for and the environmental benefits which will likely accrue as the result of the proposed action; An estimate of the capital cost and the annual cost to the regulated community of implementing the proposed action; An estimate of any initial cost and annual costs to the department and other state and local governmental entities of implementing and enforcing the proposed action, including the estimated amount of paperwork; A description of reasonable alternative methods, where applicable, for achieving the purpose of the proposed action which were considered by the commission and a statement of reasons for rejecting those alternatives in favor of the proposed adoption or substantive modification; and A detailed statement of the data and methodology used in making estimates required by this subsection. No rule or regulation shall be declared invalid based on a challenge to the economic and fiscal impact statement for the rule or regulation unless the issue is raised in administrative proceedings before the commission. No person shall have standing to challenge a rule or regulation, based upon the economic and fiscal impact statement or lack thereof, unless that person provided the commission with information sufficient to make the commission aware of specific concerns regarding the statement in a public meeting or hearing held by the commission or in written comments regarding the rule or regulation. The grounds for invalidation for an action of the commission, based upon the economic and fiscal impact statement, are limited to the commission’s failure to adhere to the procedure for preparation of the economic and fiscal impact statement as provided in this section, or the commission’s failure to consider information submitted to the commission regarding specific concerns about the statement, if such failure substantially impairs the fairness of the rulemaking proceeding.

Miss. Code Ann. § 49-2-13 Powers and duties of executive director.

The executive director shall have the following powers and duties: To administer the policies of the commission within the authority granted by the commission; To supervise and direct all administrative and technical activities of the department; To organize the administrative units of the department in accordance with the plan adopted by the commission and, with commission approval, alter such organizational plan and reassign responsibilities as he may deem necessary to carry out the policies of the commission; To coordinate the activities of the various offices of the department; To employ, subject to the approval of the commission, qualified professional personnel in the subject matter or fields of each office, and such other technical and clerical staff as may be required for the operation of the department; To recommend to the commission such studies and investigations as he may deem appropriate, and to carry out the approved recommendations in conjunction with the various offices; To merge and coordinate functions and duties where possible to eliminate the possibility of two (2) separate organizational entities performing the same or similar functions, including, but not limited to, functions of audit, inspection, collection, personnel, motor vehicles, accounting, data processing, payroll and any other such administrative, procedural or enforcement function; To coordinate all studies in the State of Mississippi concerned with the supply, development, use and conservation of natural resources within the jurisdiction of the department; To prepare and deliver to the Legislature and the Governor on or before January 1 of each year, and at such other times as may be required by the Legislature or Governor, a full report of the work of the department and the offices thereof, including a detailed statement of expenditures of the department and any recommendations the commission may have; To issue, modify or revoke any and all orders under authority granted by the commission which include, but are not limited to those which (i) prohibit, control or abate discharges of contaminants and wastes into the air and waters of the state; (ii) require the construction of new disposal systems or air-cleaning devices or any parts thereof, or the modification, extension or alteration of existing disposal systems or air-cleaning devices or any parts thereof, or the adoption of other remedial measures to prevent, control or abate air and water pollution or to cause the proper management of solid wastes; (iii) impose penalties pursuant to Section 17-17-29 and Section 49-17-43 which have been agreed upon with alleged violators; and (iv) require compliance with the conditions of any permit issued by the Permit Board created in Section 49-17-28 and all regulations of the commission; and With the approval of the commission, to enter into contracts, grants and cooperative agreements with any federal or state agency or subdivision thereof, or any public or private institution located inside or outside the State of Mississippi, or any person, corporation or association in connection with carrying out the provisions of this chapter, provided the agreements do not have a financial cost in excess of the amounts appropriated for such purposes by the Legislature.

Miss. Code Ann. § 49-2-15 Repealed.

Repealed by Laws of 1989, ch. 544, § 131, eff from and after July 1, 1989. [En Laws, 1978, ch. 484, § 9]

Miss. Code Ann. § 49-2-16 Qualifications for certain office heads.

The head of the Office of Geology and Energy Resources shall be a geologist, petroleum engineer or energy engineer of established reputation with a minimum of a bachelor’s degree in geology, petroleum engineering or energy engineering or a field related thereto. The head of the Office of Land and Water Resources shall possess a minimum of six (6) years’ experience in a field related to the bureau’s function. The head of the Division of State Land and Water Resources of the Office of Land and Water Resources shall have six (6) years’ experience in hydraulics and hydrology. The head of the Division of Regional Water Resources of the Office of Land and Water Resources shall have a minimum of six (6) years’ experience in a field related to the division’s function. The head of the Office of Pollution Control shall have a minimum of six (6) years’ experience in a field related to pollution control.

Miss. Code Ann. § 49-2-17 Assistant for administration.

Effective July 1, 1979, the executive director shall employ an assistant for administration and shall centralize under his office the following administrative functions for the entire department: accounting; payroll; purchasing; data processing; personnel; motor pool and vehicles; maintenance; printing and records; and public relations.

Miss. Code Ann. § 49-2-19 Traveling expenses of departmental employees.

All employees of the department, when authorized by the executive director, shall be entitled to transportation, traveling and subsistence expenses while away from the office on official business of the department, in accordance with Section 25-3-41, Mississippi Code of 1972.

Miss. Code Ann. § 49-2-21 Attorney General as counsel to Commission and Department of Environmental Quality; executive director authorized to employ legal counsel.

The Attorney General shall be counsel and attorney for the commission and the Department of Environmental Quality and shall provide such legal services as may be requested from time to time, without cost. The executive director is hereby authorized to employ such legal counsel as may be necessary or appropriate for the operation of the department.

Miss. Code Ann. § 49-2-23 Authority to enter agreements with National Space Technology Laboratories.

The Mississippi Department of Natural Resources, as created in Section 49-2-7, is designated as the primary agency of the State of Mississippi that shall enter into such agreements with the National Space Technology Laboratories (NSTL) located in Hancock County, Mississippi, as may be necessary to enable the State of Mississippi to have full access to all information and technical assistance that is made available through the NSTL.

Miss. Code Ann. § 49-2-24 Conference suite within Mississippi Technology Transfer Center named in honor of Herman Cowan Glazier, Jr.

The conference suite within the Mississippi Technology Transfer Center at the National Space Technology Laboratories, National Aeronautics and Space Administration, in Hancock County, Mississippi, is hereby named in honor of Herman Cowan Glazier, Jr.; and the Governor’s Office of General Services shall have a distinctive plaque placed therein noting the designation provided for by this section.

Miss. Code Ann. § 49-2-25 Creation of office of technical resources; supervision.

To assure the access and a proper utilization of assistance provided for in Section 49-2-23, the executive director of the Department of Natural Resources, as provided by Section 49-2-11, is hereby authorized to establish the office of technical resources within the NSTL facility in Hancock County and to direct and supervise the activities of this office and its personnel in a manner that will: Provide the State of Mississippi, its political subdivisions and its people with an informed access to any and all of the services, skills, information and other capabilities which are available through the various functions of the federal government under its commitment to utilize its technical resources for public benefit. Promote the transfer and utilization of such technical resources through a positive program of identifying, interpreting and informing potential users of these resources within the State of Mississippi. Cooperate with all agencies and offices of the federal government and with any other state which share in the same objectives of the office of technical resources. Manage, supervise and coordinate an orderly flow of these resources to all eligible users who request this service within the jurisdiction of the State of Mississippi. The executive director of the Department of Natural Resources shall approve any change, acquisition of properties or the hiring of any additional personnel within the office of technical resources.

Miss. Code Ann. § 49-2-27 Repealed.

Repealed by Laws of 1992, ch. 582, § 1, eff July 1, 1993. [En Laws, 1992, ch. 582, § 1, eff from and after passage (approved May 15, 1992).]

Miss. Code Ann. § 49-2-29 Strategic plan for operations of Department of Environmental Quality.

The Department of Environmental Quality shall develop a strategic plan for its operations. The strategic plan shall cover a five-year period. The plan shall include, at a minimum, the following: A clearly defined comprehensive statement of the mission, goals and objectives of the agency; Performance effectiveness objectives (measurable indicators of output and outcome) for each program in the department; A description of the department’s internal management system used to evaluate its performance in relation to projected levels; Detailed plans and strategies for meeting current and future needs and achieving goals and objectives established for the department; A description of significant external factors which may affect any projected levels of performance, including an identification of priority and other service populations, or other service measures, under current law and how those populations are expected to change within the period of the plan; A detailed analysis of the use of current agency resources in meeting current needs and expected future needs, and additional resources that may be necessary to meet future needs; An analysis and estimate of the economic impact on the regulated community of regulations adopted by the Commission on Environmental Quality; and An analysis of any likely or expected changes in the services provided by the department due to changes in state or federal law. The department shall revise the plan biennially. Upon completion of the initial plan and each revision, the department shall provide copies to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the Chairman of the Senate Environmental Protection, Conservation and Water Resources Committee, the Chairman of the House Conservation and Water Resources Committee, the Legislative Budget Office, the Performance Evaluation and Expenditure Review Committee, the Executive Director of the Department of Finance and Administration and the Legislative Reference Bureau. Except as otherwise provided in this subsection, the department shall develop the strategic plan before July 1, 1995. However, if the comparative risk assessment required under Section 49-2-31 is initiated before September 1, 1994, the department shall develop the strategic plan before July 1, 1996.

Miss. Code Ann. § 49-2-31 Comparative risk assessment.

Before July 1, 1995, the Department of Environmental Quality shall complete a comparative risk assessment that will include consideration of environmental risks to the health and welfare of the citizens of Mississippi and to the environment. The assessment also shall include an examination of environmental factors, public health factors and socioeconomic factors. The department shall provide for public participation in the assessment process. The requirements of this section shall be contingent upon the receipt of federal funds.

Miss. Code Ann. § 49-2-41 Repealed.

Repealed by Laws of 1980, ch. 548, § 19, eff from and after May 26, 1980. [En Laws, 1979, ch. 471, §§ 1-14]

Miss. Code Ann. § 49-2-71 Discovery and admissibility in evidence of environmental self-evaluation reports; divulgence or dissemination of information in reports; exemption from Public Records Act.

An environmental self-evaluation report, as defined in Section 49-2-2, is privileged and is not admissible in any legal or investigative action in any civil or administrative proceeding and is not subject to any discovery pursuant to the rules of civil procedure or administrative procedure, unless: The person for whom the environmental self-evaluation report was prepared, irrespective of whether the self-evaluation report was conducted and/or prepared by a private contractor hired by the person, expressly waives the provisions of this section; The court of record, or hearing officer, who shall be neutral and independent, after in camera review, determines that: The environmental self-evaluation report shows evidence that the person for which the environmental self-evaluation report was prepared is not or was not in compliance with an environmental law; The person did not initiate appropriate efforts to achieve compliance with the environmental law or complete any necessary permit application promptly after the noncompliance with the environmental law was discovered and, as a result, the person did not or will not achieve compliance with the environmental law or complete the necessary permit application within a reasonable amount of time; For the purposes of paragraphs (b)(i) and (b)(ii) only, if the evidence shows noncompliance by a person with more than one (1) environmental law, the person may demonstrate that appropriate efforts to achieve compliance were or are being taken by instituting a comprehensive program that establishes a phased schedule of actions to be taken to bring the person into compliance with all of such environmental laws; The court of record or hearing officer, who shall be neutral and independent, after an in camera review, determines that the privilege is being asserted for a fraudulent purpose or that the environmental self-evaluation report was prepared to avoid disclosure of information in an investigative, administrative, or judicial proceeding that was underway, or for which the person had been provided written notification that an investigation into a specific violation had been initiated; or For environmental self-evaluation reports made before January 20, 2003, the court of record or hearing officer, who shall be neutral and independent, determines that even if subject to the privilege, it is found that a condition exists that demonstrates an imminent and substantial hazard or endangerment to the public health and safety or the environment; For an environmental self-evaluation report that was made on or after January 20, 2003, the court of record or hearing officer, who shall be neutral and independent, determines that even if subject to the privilege, it is found that a condition exists or existed at the time of the report that demonstrates or demonstrated an imminent and substantial hazard or endangerment to the public health and safety or the environment. The self-evaluation privilege created by this section does not apply to: Documents or information required to be developed, maintained or reported pursuant to any environmental law or any other law or regulation; or Documents or other information required to be made available or furnished to a regulatory agency pursuant to any environmental law or any other law or regulation; or Information in the possession of a regulatory agency obtained through observation, sampling, monitoring or otherwise and which is subject to public disclosure pursuant to the Mississippi Public Records Act of 1983; or Information obtained through any source independent of the environmental self-evaluation report; or Documents existing prior to the commencement of and independent of the voluntary self-evaluation with the exception of evidence establishing a request for compliance assistance to the appropriate government agency or authority. Upon a showing by any party, based upon independent knowledge, that probable cause exists to believe that an exception to the self-evaluation privilege under subsection (1) of this section is applicable to an environmental self-evaluation report or that the privilege does not apply to the environmental self-evaluation report pursuant to the provisions of subsection (2) of this section, then a court of record or hearing officer, who shall be neutral and independent, may allow such party limited access to the environmental self-evaluation report for the purposes of an in camera review only. The court of record or the hearing officer may grant limited access to all or part of the environmental self-evaluation report under the provisions of this subsection (3) upon such conditions as may be necessary to protect the confidentiality of the environmental self-evaluation report. A moving party who obtains access to an environmental self-evaluation report pursuant to the provisions of this subsection (3) may not divulge any information from the report except as specifically allowed by the court or hearing officer. If any party divulges all or any part of the information contained in an environmental self-evaluation report in violation of the provisions of paragraph (a) of this subsection (3) or if any other person knowingly divulges or disseminates all or any part of the information contained in an environmental self-evaluation report that was provided to such person in violation of the provisions of paragraph (a) of this subsection (3), such party or other person is liable for any damages caused by the divulgence or dissemination of the information that are incurred by the person for which the environmental self-evaluation report was prepared. The court or hearing officer also may issue such contempt orders and sanctions against the offending party or such party’s legal counsel as may be necessary to ensure compliance. Nothing in this section limits, waives or abrogates the scope or nature of any statutory or common-law privilege. A person asserting a voluntary self-evaluation privilege has the burden of proving a prima facie case as to the privilege. A party seeking disclosure of an environmental self-evaluation report has the burden of proving that such privilege does not exist under this section. All environmental self-evaluation reports that are protected by the self-evaluation privilege created by this section shall be privileged and exempt from the provisions of the Mississippi Public Records Act in accordance with Section 25-61-11, Mississippi Code of 1972.

Miss. Code Ann. § 49-2-81 Short title.

Sections 49-2-81 through 49-2-87 shall be known and may be cited as the Home-Generated Medical Sharps Disposal Act.

Miss. Code Ann. § 49-2-83 Legislative findings.

The Legislature finds that: Each year, according to the Environmental Protection Agency, more than three billion medical sharps are used by individuals in their homes. Typically, these medical sharps are put into the household trash, where they become a health hazard for other members of the household and for sanitation workers. The hazard includes not only the discomfort of a needle-stick injury, but also the risk of contracting an infectious disease from a contaminated medical sharp. Regulating the disposal of home-generated medical sharps will further the public health and safety of Mississippi residents.

Miss. Code Ann. § 49-2-85 Definitions.

The following words and phrases when used in Sections 49-2-81 through 49-2-87 shall have the meanings given to them in this section unless the context clearly indicates otherwise: “Department” means the Department of Environmental Quality. “Home-generated medical sharp” means a sharp used by an individual at home. “Medical sharp” means a needle, syringe, lancet or other sharp object used to penetrate the skin for medical testing or for delivery of medication.

Miss. Code Ann. § 49-2-87 Development and implementation of home-generated medical sharps disposal education program.

The department shall develop and implement a statewide educational program designed to inform the public about safe disposal of home-generated medical sharps and to promote the public’s safe disposal of home-generated medical sharps. The department shall develop the program no later than July 1, 2009, and shall implement the program no later than January 1, 2010.

Miss. Code Ann. § 49-2-101 Definitions.

As used in Sections 49-2-101 and 49-2-103: “Electronics” means a personal computer, computer component, audio player, videocassette player, facsimile machine, copy machine, cellular telephone, wireless paging device, or any electronic item containing an intact or broken cathode-ray tube. An electronic item containing a cathode-ray tube includes a television, computer monitor, or any other cathode-ray tube monitor or display device. “Recycler” means a person who uses, reuses or reclaims obsolete electronic equipment and associated materials.

Miss. Code Ann. § 49-2-103 Program to encourage certification of electronic recyclers; directory of certified electronic recyclers; compliance; applicability.

The Department of Environmental Quality shall develop a program to encourage all electronic recyclers to become certified by demonstrating to an accredited, independent third-party auditor that they meet specific standards to safely recycle and manage electronic equipment. The department shall maintain a directory of recyclers meeting the accredited certification standards of Responsible Recycling Practices (R2) and the e-Stewards Standards and any recyclers who have been certified by an accredited, independent certification auditor listed by the ANSI-ASQ National Accreditation Board (ANAB) as an organization that certifies recyclers to available recycling standards. State agencies shall use a certified recycler on the directory for the disposal of agency electronics. The Department of Environmental Quality and state agencies shall comply with this section no later than July 1, 2014. This section does not apply to the donation of electronics to public schools, state agencies, local governments or nonprofit organizations.