11 Miss. Code. R. 4-2.4 - Approval/Disapproval by Commission

A. If the Commission determined that a plan has met the criteria specified herein, it shall by order, approve the plan.

B.

(1) If the Commission determines that one or more of the criteria herein has not been fully met, but that Rule 2.3(D) of this criteria has been met in relation to the residential and commercial solid waste needs of the planning area, it may by order conditionally approve the plan. The Commission shall include in the order the conditions, upon which the plan is approved, including a list of deficiencies, which prevent the plan from becoming fully approved and a schedule for correcting those deficiencies.

(2) Should the county or planning authority fail to correct the deficiencies listed by the Commission within the established schedule, the Commission may take any enforcement action which it is authorized by law to administer, or it may, by order, rescind its conditional approval.

(3) Upon correction of the deficiencies listed with any conditional approval, the Commission shall fully approve the plan.

C. If the Commission determines that the plan fails to meet the criteria of Rule 2.3(D) with respect to residential and commercial waste needs, or that other criteria herein have not been met, it may, by order, disapprove the plan. The Commission shall include in the order a statement outlining the deficiencies in the plan and shall direct the county or planning authority to submit a revised plan that remedies those deficiencies. Any person found by the Commission to be in violation of said order shall be subject to civil penalties pursuant to Miss. Code Ann. Section 17-17-29.

D. No new plan or modification to an approved plan shall be approved or conditionally approved by the Commission, until it has been duly ratified in accordance with Paragraph (5) of Miss. Code Ann. Section 17-17-227 and Rule 2.3(D) of these Regulations, except where the action involves a minor modification to the plan.

In the case of a minor modification to an approved plan, ratification of the modified plan shall be approved in accordance with Paragraph 5 of Miss. Code Ann. Section 17-17-227 and Rule 2.3(D) of these regulations except as described below:

(1) A minor modification may be approved without the mandatory public notice and public hearing requirements and the adjacent county notice procedures described in Part 5(a) of Paragraph 5 of Miss. Code Ann. Section 17-17-227.

(2) A minor modification may be approved by the local government without the notification to the contiguous property owners as required by Rule 2.3(D)(1)(c) of these regulations.

Notes

11 Miss. Code. R. 4-2.4

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.