Mississippi Administrative Code
Title 11 - Mississippi Department of Environmental Quality
Part 4 - Nonhazardous Solid Waste Management Regulations
Chapter 2 - Mississippi Commission on Environmental Quality Regulations Regarding Evaluation Criteria for Local Solid Waste Management Plans
Rule 11-4-2.3 - Evaluation Criteria

Universal Citation: MS Code of Rules 11-4-2.3

Current through September 24, 2024

A. Understanding of the Solid Waste Management System

(1) Each plan must clearly demonstrate that it has accounted for residential, commercial, and industrial nonhazardous wastes, and any special wastes which may be a problem unique to that area.

(2) Each plan must clearly demonstrate that it has determined the composition of nonhazardous solid waste currently disposed in facilities receiving household solid waste.
(a) The composition of residential waste shall be determined by at least two sampling events conducted in the planning area, one representative of an incorporated area, and the other representative of the unincorporated area. Sampling events shall be repeated at least every five (5) years.

(b) Large quantities of industrial waste should be added into the overall waste composition.

(c) The composition of solid waste should be categorized into at least the following components:
(1) Cardboard/corrugated paper

(2) Newsprint

(3) Other paper

(4) Plastic

(5) Metals (ferrous, aluminum, etc.)

(6) Glass

(7) Wood/yard waste

(8) Food waste

(9) Textiles, other organics (rubber, leather, etc,)

(3)
(a) Each plan must clearly demonstrate that it has determined the quantity of nonhazardous solid waste currently generated in the planning area and transported into the planning area, including residential, commercial, and industrial wastes, and any special wastes which may be a problem unique to that area.

(b) The quantity must be determined by actual measurements or records of representative samples of solid wastes generated in the planning area and transported into the planning area.

(4) Each plan must clearly demonstrate that it has inventoried all existing facilities managing municipal solid waste, and that each facility has been generally described in terms of the type waste received, the operational history, the environmental suitability of the site, and the remaining available permitted capacity of each facility.
(a) At a minimum, the facilities inventoried must include all facilities authorized by the Mississippi Department of Environmental Quality, including public and private landfills, landfarms, and processing facilities.

(b) For any existing facilities receiving household solid waste which plan to discontinue operations before October 9, 1993,
(1) the environmental suitability may be generally addressed by declaring the facility unsuitable for long-term use, and

(2) the operational history may be generally addressed in terms of length of operations and types of wastes received.

(c) For any existing facilities receiving household solid waste which plan to continue operations after October 9, 1993, or which may be later evaluated for long-term use,
(1) the environmental suitability should be generally addressed with a discussion of those features and characteristics which make it favorable for long-term use, and

(2) the operational history should be generally addressed in terms of length of operations, types of waste received, and past enforcement actions taken against the facility.

(d) For any existing facilities receiving wastes other than household solid wastes, the plan should determine the long-term plans of the facility and its role in helping to meet the solid waste needs of the planning area.

(5) Each plan must clearly demonstrate that solid waste collection services are provided for all areas within the plan.

(6) Each plan must demonstrate the commitment of the county or planning authority to identifying and cleaning up all known open dumps within the planning area through the utilization of local enforcement authority.

(7) Each plan must describe its proposed system for waste tire management within the planning area. A clear understanding of the extent of the waste tire problem in the area shall be demonstrated by an estimation of the quantity of waste tires generated in the planning area and an inventory of waste tire collection sites or dumps in the area. The plan must contain an implementation schedule for starting up its proposed system.

B. Adequacy of Local Strategy for Waste Minimization. Each plan must contain an adequate local strategy for achieving a 25% waste minimization goal. The strategy shall contain specific programs or actions toward meeting the goal, such as policies promoting waste education, education programs, recycling or composting projects, and a schedule for implementation.

C. Reasonableness of Solid Waste Projections. Each plan must demonstrate that the projections of solid waste generated over the planning period are adequate to meet the needs of the area. Such projections shall be based upon reasonably expected population projections over the next 20 years, and may also include any anticipated commercial or industrial growth. Any solid waste projected to be transported into the planning area from outside the planning area shall also be accounted for in any projections.

D. Adequacy of Plans and Implementation Schedules.

(1) Each plan shall include a list of existing solid waste management facilities and also any additional planned facilities needed to meet the projected solid waste management needs of the planning area.
(a) Existing facilities shall be specifically identified, including all municipal solid waste landfills and other commercial landfills, rubbish disposal facilities, compost facilities, transfer stations, industrial disposal facilities and other solid waste management facilities. The role of each existing facility in meeting the intermediate and long-term needs of the planning area shall be described.

(b) Planned solid waste management facilities, whether new or expansions of existing facilities, which are expected to meet the solid waste needs shall be identified in the plan specifically as to the type, the name of the facility, the location, the size, and expected ownership and service area. Any plan, which does not identify the specific location of such facilities, must be modified to include such information, before an application for a permit is submitted to the Department.

(c) A proposed new or modified plan shall include a demonstration that owners of contiguous property to any planned new or expanded solid waste management facility, except land application facilities, are sent notice in writing of the proposed facility and of the specific facility information described in Rule 2.3(D)(1)(b) above. Written notification shall be sent by certified mail to the landowner's address as indicated on county tax records. The notice shall be sent no later than the date of issuance of the public notice, required by Miss. Code Ann. Section 17-17-227, and shall contain a copy of the subject public notice. The demonstration provided to the Department should include copies of the signed receipts of certified mail delivery or a copy of any returned certified mail item, that is refused or otherwise undeliverable.

(2) Each plan shall include a specific schedule for implementation.

(3) For any publicly-owned facilities, the plan shall include an estimation of the costs of such facilities. If any local government entity or regional authority plans to contract with the private sector for use of privately-owned facilities, an estimation of the total contractual costs shall be made.

(4) Each plan shall identify the proposed method of financing any public expenditures for solid waste management services.

Miss. Code Ann. §§ 17-17-201, et seq., 49-2-9(1)(b), 49-17-17(i), 17-17-1, et seq. 49-2-1, et seq. and 49-17-1, et seq.

Disclaimer: These regulations may not be the most recent version. Mississippi may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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