15 Miss. Code. R. 18-77-3.1.7

Current through December 10, 2024
Rule 15-18-77-3.1.7 - Responsibilities
1. The Mississippi State Department of Health shall be responsible for the following:
a. Evaluating the site for proposed subdivision development, commercial establishment, multi-family dwelling, manufactured home development or recreational vehicle park for the placement and use of Individual On-site Wastewater Disposal Systems. The evaluation will be based on soil/site conditions and the amount of available area to place these systems. The property must be evaluated by staff from the Division of On-site Wastewater.
2. If the property is to be subdivided, have a multi-family residence, a commercial establishment, a manufactured home development or recreational vehicle campground, the property owner shall be responsible for the following:
a. Furnishing a legal description and site plan of the entire area to be developed. The site plan shall show lot lines, lot sizes (dimensions and total area), and existing ground contours. The site plan shall show all lakes, ponds streams, and any known or possible wetland areas. Names of the adjacent property owners and their property lines abutting the proposed development shall be shown. If the developer has title to or has a vested interest in property adjoining his/her proposed development the developer must indicate the property on the plat and provide a letter of intention concerning this property. In addition to the above requirements developers of Multi-Family residences, Manufactured Home Developments or Recreational Vehicle Campgrounds must also submit information regarding the placement of residences, manufactured homes, or recreational vehicles on the site plan. Developers of recreational vehicle campgrounds must also indicate the location and size of RV dump stations and bath houses.
b. Submitting the feasibility study to the Mississippi State Department of Health, Division of On-site Wastewater, whenever 35 or more lots are involved. This study must be completed before any lot is approved. When residential subdivision are proposed which are composed of fewer than 35 lots, but more than 10 lots, and no system of sanitary sewer is available to which collection sewers may be feasibly connected, the State Health Officer may waive the requirement for a feasibility study. Such waiver of the feasibility study will not be granted if the proposed development meets any one of the following criteria:
i. Is within a wastewater utility district where that utility has certified it will provide service
ii. Is within a regional wastewater authority that has certified it will provide service
iii. Is within one mile of a city with sewer availability that has certified it will provide it will provide sewer service
iv. MSDH analysis reflects that soil and site conditions may not be conducive for Individual On-site Wastewater Disposal Systems.
c. No Feasibility Study or community sewage system shall be required for subdivisions designed, laid out, platted or partially constructed before July 1, 1988 or subdivisions platted and recorded between July 1, 1995 and June 30, 1996.

15 Miss. Code. R. 18-77-3.1.7

Miss Code Ann § 41-67-3