15 Miss. Code. R. 18-77-3.1.3

Current through December 10, 2024
Rule 15-18-77-3.1.3 - DEFINITIONS
1. Available space - sufficient area in which to properly install the required individual onsite wastewater disposal system including the working area necessary to prevent excessive and unnecessary equipment traffic over the system and space allowance for future extensions.
2. Bedroom - a room designed primarily for sleeping or a room which is expected to routinely provide sleeping accommodations for occupants.
3. Board - the Mississippi State Board of Health.
4. Covenant Running with the Land - a covenant which goes with the land and which cannot be separated from the land and transferred without it. This covenant is said to run with the land when not only the original parties or their representatives, but each successive owner of the land, will be entitled to its benefits, or be liable to its obligation.
5. Department - the Mississippi State Department of Health.
6. Developer - a person who creates a subdivision development, multi-family dwelling, manufactured home development, commercial establishment or recreational vehicle park as herein defined.
7. Division - the Mississippi State Department of Health, Division of On-Site Wastewater.
8. Dwelling - a house, manufactured home, shelter, structure, or building, or portion thereof, which is not readily mobile and is occupied in whole or in part as the home, residence, or sleeping place of one or more people.
9. Feasibility study - a report composed by a Professional Engineer comparing the most cost effective central sewage collection system to the appropriate individual onsite wastewater disposal system as regulated by the Mississippi Department of Health.
10. Establishment - a multi-family housing apartment, condominium or townhouse complex, a manufactured home park or recreational vehicle park, a non-residential commercial or institutional development or places of business or assembly. An establishment includes all buildings or structures, and the land appertaining thereto and shall have a legal entity which is responsible for ownership and maintenance/operation of the sewage treatment and disposal facilities.
11. Flooding - a covering of the soil surface by water from any source, such as streams overflowing their banks, runoff from adjacent or surrounding slopes, elevation of the ground water table exceeding that of the soil surface, or combinations of these. Terms also associated with flooding and used elsewhere in this Chapter are:
a. Frequent - flooding is likely to occur often under usual weather conditions (more than a 50 percent chance of flooding in a year, or more than 50 times in 100 years).
12. Impaired Water Bodies - water bodies identified as impaired due to pathogens, organic enrichment/low DO, biological impairment and fecal coliform in Sections A and C of the most recent approved TMDL 303d listing as published by the Mississippi Department of Environmental Quality.
13. Individual On-Site Wastewater Disposal System - a sewage treatment and effluent disposal system that does not discharge into waters of the state, that serves only 1 legal tract, that accepts only human sanitary waste and other similar waste streams maintained on the property of the generator, and that is designed and installed in accordance with law and regulations of the board.
14. Manufactured Home Development - shall mean any parcel or tract of land under the control of a person wherein sites are offered for the use of the public for the establishment of living sites for two or more manufactured homes.
15. Multiple Family Dwelling - a dwelling where occupying individual are not related to within the third degree of kinship based on Miss Code.
16. Person - any individual, trust, firm, joint-stock company, public or private corporation (including a government corporation), partnership, association, state, or any agency or institution thereof, municipality, commission, political subdivision of a state or any interstate body, and includes any officer or governing or managing body of any municipality, political subdivision, or the United States or any officer or employee thereof.
17. Plat - a property depiction (map/drawing), prepared by a professional land surveyor/professional engineer in accordance with the rules and regulations governing the profession, drawn to a scale adequate to provide information in a clear and legible manner, be suitable for recording and showing the location and boundaries of the parcel and of all lots if subdivided and including details as specified by these regulations. Any detail specified by these regulations for a surveyed plat must be depicted exactly per the survey and shall not be hand drawn in as may be done on a plot plan.
18. Professional Engineer - a person that has met the qualifications as required under Section 73-13-23(1), Miss Code of 1972, Annotated and who has been issued a certificate of registration as a professional engineer.
19. Recreational Vehicle - shall mean a vehicular-type unit designed as living quarters for recreational, camping, or travel use, which either has its own motive power or is mounted on or towed by another vehicle. The basic entities include, but not limited to a travel trailer, camping trailer, truck camper, van or motor home.
20. Recreational Vehicle Campground - shall mean any parcel or tract of land under the control of any person, organization, or governmental entity wherein sites are offered for the use of the public or members of an organization for the establishment of living sites for two or more recreational vehicles.
21. Wastewater - means human body waste and wastewater, including bath and toilet waste, residential laundry waste, residential kitchen waste, and other similar waste from appurtenances at a residence or establishment.
a. Domestic sewage waste ranges:
i. Carbonaceous Biochemical Oxygen Demand (CBOD5), maximum 300 mg/l
ii. Total Suspended Solids (TSS), maximum 200 mg/l
iii. pH, 6 - 8; or within 1 pH unit of the water supply pH
iv. Nitrogen (Total Kjeldahl Nitrogen, TKN) maximum 100 mg/l
22. Sensitive Waters - private waters used for recreation (swimming, skiing, fishing), or other situations where people are likely to come into contact with the water and state waters classified as shellfish harvesting, public water supply, ephemeral or recreational in the Mississippi Commission on Environmental Quality Regulation WPC-2, Water Quality Criteria for Intrastate, Interstate and Costal Waters.
23. Site Plan - see Plat
24. Subdivision - any land that is divided into 10 or more lots, tracts, sites or parcels for the purpose of residential development.
25. Water Storage Easement - an entitlement in perpetuity allowing the holder of the easement to impound water in a reservoir, and inundate land up to a specified contour elevation above mean sea level.

15 Miss. Code. R. 18-77-3.1.3

Miss Code Ann § 41-67-3