11 Miss. Code. R. 9-1.1 - Definitions

The words and phrases used in this Chapter shall have the meanings set forth in this rule.

A. "Air pollution" means the presence in the outdoor atmosphere of one or more air contaminants in quantities, of characteristic, and of a duration which are materially injurious or can be reasonably expected to become materially injurious to human, plant or animal life or to property, or which unreasonably interfere with enjoyment of life or use of property throughout the state or throughout such area of the state as shall be affected thereby.

B. "Commission" means the Mississippi Commission on Environmental Quality acting through the Office of Pollution Control of the Department of Environmental Quality.

C. "Facility" means any and all sources that may cause pollution of the air or any waters of the state or may cause any wastes or other products or substances to be placed in a location where they are likely to cause pollution of the air or any waters of the state, including any building, structure, installation, house, business, vehicle, car, truck, train, bus, boat, ship, airplane, or any other means of transportation for persons or property.

D. "Person" means the state or other agency or institution thereof, any municipality, political subdivision, public or private corporation, individual, partnership, association or other entity, and includes any officer or governing or managing body of any municipality, political subdivision, or public or private corporation, or the United States or any officer or employee thereof.

E. "Pollution" means air pollution and/or water pollution and/or placing or causing to be placed any wastes in a location where they are likely to cause pollution of any waters of the state.

F. "Pollution Emergency Fund" means the fund established under Miss. Code Ann. Section 49-17-68.

G. "Responsible Party" or "RP" means the owner or operator of a facility that causes pollution necessitating immediate remedial or clean-up action.

H. "Wastes" means sewage, industrial wastes, oil field wastes, and all other liquid, gaseous, solid, radioactive, or other substances which may pollute or tend to pollute any waters of the state.

I. "Water Pollution" means such contamination, or other alteration of the physical, chemical or biological properties, of any waters of the state, including change in temperature, taste, color, turbidity, or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive, or other substance or leak into any waters of the state unless in compliance with a valid permit issued therefor by the Permit Board.

J. "Waters of the state" means all waters within the jurisdiction of this state, including all streams, lakes, ponds, impounding reservoirs, marshes, watercourses, waterways, wells, springs, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface and underground, natural or artificial, situated wholly or partly within or bordering upon the state, and such coastal waters as are within the jurisdiction of the state, except lakes, ponds or other surface waters which are wholly landlocked and privately owned, and which are not regulated under the Federal Clean Water Act ( 33 U.S.C. 1251 et seq).

Notes

11 Miss. Code. R. 9-1.1

Miss. Code Ann. §§ 17-17-1, et seq., 49-2-1, et seq. and 49-17-1, et seq.

Adopted 4/6/2020