Mississippi Code 1972 (2023)
Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003)
Chapter 67 - MISSISSIPPI INDIVIDUAL ON-SITE WASTEWATER DISPOSAL SYSTEM LAW (§§ 41-67-1 — 41-67-101)
GENERAL PROVISIONS (§§ 41-67-1 — 41-67-41)
Section 41-67-39 - [Repealed Effective 7/1/2028] Certificate required for person operating as pumper removing and disposing of sludge from on-site wastewater disposal systems; certificate requirements; official list of certified pumpers; penalty for operating without license; suspension or revocation of pumper certification; grounds; renewal

• (1) A person may not be engaged in the business of removing and disposing of the sludge and liquid waste (septage) from individual on-site wastewater disposal systems in this state unless that person has a valid certificate issued by the department.

• (2) The department shall issue a certificate to a pumper if the pumper:
  • (a) Completes an application form that complies with this chapter and rules adopted under this chapter;
  • (b) Satisfactorily completes the certified pumper training program provided by the department;
  • (c) Satisfactorily complies with the requirements of his/her pumping and hauling equipment;
  • (d) Provides documentation of a disposal site approved by the Department of Environmental Quality, Office of Pollution Control;
  • (e) Pays the license fee once every three (3) years; any increase in the fee charged by the department under this paragraph shall be in accordance with the provisions of Section 41-3-65; and
  • (f) Provides proof of having a valid general business liability insurance policy in effect with liability limits of at least Fifty Thousand Dollars ($50,000.00) per occurrence and at least One Hundred Thousand Dollars ($100,000.00) in total aggregate amount.

• (3) Each pumper or designated agent thereof, upon request, shall furnish proof of certification to an individual before entering a contract with that individual for the removing and disposing of the sludge and liquid waste (septage) from an individual on-site wastewater disposal system.

• (4) The department shall disseminate to the public an official list of certified pumpers.

• (5) If any person operates in the state as a certified pumper without a license by the board, the board, after due notice and opportunity for a hearing, may impose a monetary penalty not to exceed Ten Thousand Dollars ($10,000.00) for each violation.

• (6) The department may suspend or revoke a pumper certification if the pumper disposes of septage or other liquid waste in an unpermitted or unapproved site and/or violates this chapter or rules and regulations under this chapter.

• (7) A municipal wastewater treatment facility may make a site available for certified pumpers to dispose of septic or other liquid waste.

• (8) The department shall provide for renewal of certifications once every three (3) years.

• (9) The department must provide for renewal pumper certifications to be applied for at the local department offices.

Laws, 2008, ch. 563, § 22; reenacted and amended, Laws, 2011, ch. 544, § 23, eff. 4/26/2011.

Reenacted by Laws, 2023, ch. 401, HB 522,§ 22, eff. 7/1/2023.

Reenacted by Laws, 2020, ch. 473, SB 2311,§ 19, eff. 7/1/2020.

Repealed by the terms of § 41-67-31, as amended by Laws, 2013, ch. 513, HB 719, 25, eff. 7/1/2013.

Amended by Laws, 2016, ch. 510, HB 289, 19, eff. 7/1/2016, rep. 7/1/2020, repeal date removed by Laws, 2020, ch. 473, SB 2311,§ 6, eff. 7/1/2020.

Amended by Laws, 2013, ch. 513, HB 719, 23, eff. 7/1/2013.